Maurer v. Speedway, LLC, No. 14-1634 (7th Cir. 2014)
Annotate this CaseMaurer visited a Speedway gas station convenience store near her home. It was where she regularly purchased gasoline. After parking in front of the store, Maurer walked along the sidewalk to its front entrance. A permanent retail display, which housed windshield wiper fluid at the time, sat on the sidewalk to the left of the double door entrance and narrowed the adjacent walking area to a width of 24 inches. As Maurer approached, she saw the display, stepped around it, and walked down the narrowed length of sidewalk. As she neared the end of the narrowed path she rolled her ankle off the sidewalk curb and fell, seriously injuring her shoulder. In her injury suit, the district court granted a motion in limine, excluding as evidence of a municipal ordinance which Maurer sought to introduce to prove Speedway had notice that its retail display created an unreasonably dangerous condition by narrowing the adjacent walkway. A jury ruled in favor of Speedway. The Seventh Circuit affirmed. Speedway had no reason to anticipate that Maurer would not discover the condition and protect herself against it just as every other customer apparently did nor did Speedway fail to exercise reasonable care.
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