Moore v. Pettinaro Enterprises, LLC
K14C-09-013 RBY
Del. Super. Ct.Dec 9, 2016Background
- On Jan. 28, 2013, Felami Moore slipped and fell in the Blue Hen Corporate Center parking lot while it was snowing; incident time between ~6:50–7:08 AM.
- Plaintiffs allege defendants failed to remove snow/ice from the lot; defendants dispute that snow/ice from a prior storm remained on the ground.
- Plaintiffs point to a certified weather report showing 1.5 inches of snow on Jan. 25, 2013; dispute exists whether snow at the fall was from that prior event or from an ongoing storm on Jan. 28.
- Defendants moved for summary judgment arguing the continuing storm doctrine applies, eliminating any duty to remove snow during an ongoing storm.
- Court reviewed competing deposition evidence and weather data and found a genuine issue of material fact whether the slip was caused by snow from a prior storm or by an ongoing storm.
- Motion for summary judgment denied without prejudice to later dispositive motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of the continuing storm doctrine (i.e., whether defendants owed a duty to remove snow/ice) | Moore contends the snow/ice came from a prior storm (Jan. 25) and thus defendants had a duty to remove it | Pettinaro argues the fall occurred during an ongoing snowstorm, so the continuing storm doctrine absolves them of a duty to clear snow/ice | Genuine factual dispute exists as to whether the snow/ice was from a prior storm or an ongoing storm; doctrine may not apply if snow was from a prior storm, so summary judgment denied |
| Appropriateness of summary judgment | Moore says disputed facts (timing/source of snow, who was responsible for clearing) preclude summary judgment | Pettinaro contends law is clear and, assuming facts in their favor, judgment should be entered for defendants | Court views evidence in plaintiff's favor and finds material factual dispute; summary judgment inappropriate |
Key Cases Cited
- United Vanguard Fund, Inc. v. Takecare, Inc., 693 A.2d 1076 (Del. 1997) (standard for summary judgment)
- Hudson v. Old Guard Ins. Co., 3 A.3d 246 (Del. 2010) (elements of negligence and duty analysis)
- Young v. Saroukos, 185 A.2d 274 (Del. 1962) (continuing storm doctrine permits waiting until storm ends to remove snow absent unusual circumstances)
- Wootten v. Kiger, 226 A.2d 238 (Del. 1967) (when facts allow only one reasonable inference the issue becomes one of law)