DOVER, Del. — The Delaware Supreme Court has upheld the dismissal of a lawsuit filed over a slip-and-fall accident at a gas station during freezing rain four years ago.
The Delaware State News reports that Justice James T. Vaughn Jr. issued a 15-page opinion on Monday confirming a Superior Court’s finding that Speedway, LLC bore no liability for Michael Laine’s injurious fall. The Supreme Court cited past case law and the state’s continuing storm doctrine, which allows businesses to wait until a storm ends to clear ice and snow.
According to court papers, Laine sustained serious injuries when falling while stepping from a shuttle bus he was driving. He had argued that the business should have inspected for icing and warned customers of the ice, or should not have opened at all.
Information from: Delaware State News, http://delawarestatenews.net