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Evans v. Aydha

Mississippi Court of Appeals

189 So. 3d 1225 (2016)

Facts

JB’s Convenience Store (JB’s) was a service station owned and managed by Mosleh Aydha (defendant). Janet Evans (plaintiff) slipped, fell, and hit her head while pumping gas at JB’s. Evans fell so hard that her head bounced off the ground and hit the pavement again. Evans sued Aydha alleging that the service station had not been maintained in a reasonably safe condition. Evans based her claim on the presence of an oily spot on the pavement between her car and the gas pump. Aydha moved for summary judgment, arguing that Evans failed to prove that the oily spot had been present long enough to place Aydha on constructive notice of its existence. Evans’s daughter, who went to the service station after her mother fell, stated in her affidavit that she saw her mother’s car at the gas pump and a spot of black oily residue or sludge near the pump, the spot was dirty and looked slippery, and it was obvious to her that the spot had been on the pavement for at least several days. Evans’s description of the spot on which she slipped was less specific. The trial court granted Aydha’s motion for summary judgment, finding that there was no evidence of what the spot was, how it got there, how long it was there, or whether Aydha knew or should have known about it. Evans appealed.

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Holding and Reasoning (Fair, J.)

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