Potvin v. Speedway LLC, No. 17-1993 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s grant of summary judgment for the proprietor of a self-service gas station (Defendant) on a customer’s (Plaintiff) negligence claim.
Plaintiff filed suit in a Massachusetts state court claiming that Defendant was negligent because the presence of positive limiting barriers (PLBs), which are required by Massachusetts law, in the concrete surrounding Defendant’s gas pumps constituted a hazardous condition and that Defendant failed to warn of that hazard. Defendant removed the action to the federal district court. The district court concluded that the PLBs, if dangerous, presented an open and obvious danger so that Defendant had no duty to warn customers about that danger. The First Circuit affirmed, holding that because there was no question that the PLBs were open and obvious, Defendant had no duty to warn visitors about them, and that Plaintiff’s remaining claims of error were unavailing.