Gerry Hodge v. Walgreen Co., No. 21-2571 (8th Cir. 2022)
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Plaintiff tripped and fell in the parking lot of a Walgreen Co. d/b/a Walgreens store in Republic, Missouri. The district court granted summary judgment for Walgreens. The court concluded that Plaintiff did not establish the existence of a genuine dispute of material fact as to whether the “lip” formed at the junction of the parking lot’s pavement and the brick sidewalk was a dangerous condition. Consequently, Plainitff failed to establish an element of premises liability under Missouri law. Plaintiff appealed, arguing that the district court erred by granting summary judgment because the record shows that there was a genuine fact dispute regarding the dangerousness of the sidewalk.
The Eighth Circuit affirmed. The court explained that Plaintiff is correct that he was not required to produce expert testimony and that circumstantial evidence may be sufficient. But the circumstantial evidence presented fails to provide a sufficient basis for a jury to infer the presence of a dangerous condition created by Walgreens. Thus, the court held that Plaintiff did not present any evidence, direct or circumstantial, permitting the reasonable inference that a dangerous condition caused his accident. The district court, therefore, did not err by granting summary judgment to Walgreens.
Court Description: [Smith, Author, with Benton and Kelly, Circuit Judges] Civil case - Torts. The district court did not err in granting defendant's motion for summary judgment in this trip-and-fall case, as there was no genuine issue of material fact as to whether the "lip" formed by the junction of the parking lot and sidewalk was a dangerous condition; because the existence of a dangerous condition is a necessary element of premise liability under Missouri law, defendant was entitled to summary judgment.
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