Weaver v. Speedway, LLC, No. 21-1957 (7th Cir. 2022)
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At a Speedway convenience store, Weaver tripped on the curb in front of the doorway, fell to the ground, and sustained injuries. Weaver sued for negligence, alleging that Speedway failed to maintain its premises in a reasonably safe condition. After discovery on liability, a magistrate granted Speedway summary judgment, reasoning that any danger posed by the curb was obvious and that Speedway had no reason to anticipate that Weaver would not protect herself from such a situation. The court cited evidence that, in the last five years, only one other person had reported falling over that curb; Weaver herself had visited the same store multiple times without tripping. Although the company policy to paint the curbs outside store entrances was relevant, a violation of that policy would not by itself establish a breach of Speedway’s duty.
The Seventh Circuit affirmed. Although a policy manual may be admissible, it cannot, alone, set the standard for a landowner’s duty of ordinary care. Here, there is no evidence that the area surrounding the curb renders the curb particularly dangerous. Weaver has no evidence from which a jury could conclude that the curb posed any unusual danger to those entering the store in the normal course of doing business.
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