Habershaw v. Michaels Stores, Inc.
2012 R.I. LEXIS 64
| R.I. | 2012Background
- Plaintiff Habershaw fell in Michaels store in Smithfield while placing items on checkout counter.
- Plaintiff described floor as shiny; she did not observe slippery substances at the area of fall.
- Weather was warm and sunny; store was properly lit and clean at the time.
- Plaintiff alleged duty to maintain premises in safe condition and that negligence caused injury.
- Michaels moved for summary judgment arguing no dangerous condition existed; plaintiff later amended to add breach-of-contract claim.
- Superior Court granted summary judgment on negligence and breach-of-contract claims; final judgment entered; appeal filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a shiny floor alone prove a dangerous condition? | Habershaw argues evidence supports dangerous condition inference. | Michaels contends shiny floor is insufficient without other evidence of hazard. | No error; no genuine issue of material fact from shiny floor alone. |
| Did plaintiff prove the floor created a hazardous condition that owner knew or should have known? | Habershaw maintains knowledge/construction of hazard from shiny floor is plausible. | Michaels asserts absence of evidence of hazardous condition or negligent maintenance. | Summary judgment proper; no evidence from which hazard could be inferred. |
| Whether the breach-of-contract claim survives without a dangerous condition claim. | Habershaw contends contract claim should be considered. | Michaels argues contract claim fails absent dangerous condition evidence. | Court need not address contract claim; no dangerous condition evidence defeats it. |
Key Cases Cited
- Holley v. Argonaut Holdings, Inc., 968 A.2d 271 (R.I.2009) (negligence elements)
- Willis v. Omar, 954 A.2d 126 (R.I.2008) (negligence elements and duty)
- Selwyn v. Ward, 879 A.2d 882 (R.I.2005) (duty and premises liability standard)
- Mills v. State Sales, Inc., 824 A.2d 461 (R.I.2003) (premises liability standard)
- Kurczy v. St. Joseph Veterans Association, Inc., 820 A.2d 929 (R.I.2003) (landowner duty to exercise reasonable care)
- Mead v. Papa Razzi Restaurant, 840 A.2d 1103 (R.I.2004) (premises safety duty)
- Bromaghim v. Furney, 808 A.2d 615 (R.I.2002) (duration of dangerous condition existence)
- Barone v. Christmas Tree Shop, 767 A.2d 66 (R.I.2001) (time to correct dangerous condition)
- Cutroneo v. F. W. Woolworth Co., 112 R.I. 696, 315 A.2d 56 (R.I.1974) (hazard inference from wet/unsafe condition on ramp)