Bass v. Hardee's Food Systems, Inc.

982 F. Supp. 1041, 1997 U.S. Dist. LEXIS 17570, 1997 WL 697907
CourtDistrict Court, D. Maryland
DecidedNovember 4, 1997
DocketNo. Civ. A. AW 97-657
StatusPublished
Cited by1 cases

This text of 982 F. Supp. 1041 (Bass v. Hardee's Food Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bass v. Hardee's Food Systems, Inc., 982 F. Supp. 1041, 1997 U.S. Dist. LEXIS 17570, 1997 WL 697907 (D. Md. 1997).

Opinion

MEMORANDUM DECISION

WILLIAMS, District Judge.

I

In this diversity case, the plaintiff Gary Bass is suing defendant, Hardee’s Food Systems, for negligence. At the time of the events in question, Hardee’s owned several “Roy Rogers” restaurants in the state of Maryland. Hardee’s now brings a motion for summary judgment. In ruling on this motion, the Court has considered the briefs of the parties, the arguments of counsel at a hearing in open court, and the entire record.

II

On January 20, 1997, Mr. Bass drove with his ex-wife and daughter to a Roy Rogers restaurant owned by Hardee’s. Mr. Bass and his daughter went in and bought fried chicken. His daughter returned to the car with her mother while Mr. Bass walked to a gas station next to the restaurant, to buy a' bottle of soda. Mr. Bass then returned to the Roy Rogers parking lot to get to his car. While walking through the lot, he slipped and fell. The soda bottle shattered and a piece of glass went into Mr. Bass’s eye. Mr. Bass lost his eye as a result of the injury.

III

A.

Summary judgment is appropriate where there is no genuine dispute of material fact and when the moving party is entitled to [1043]*1043judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The evidence of the non-movant is to be believed and all justifiable inferences drawn in his favor, but a party cannot create a genuine dispute of material fact through mere speculation or compilation of inferences. Runnebaum v. NationsBank of Md., N.A., 123 F.3d 156, 164 (4th Cir.1997) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986); Beale v. Hardy, 769 F.2d 213, 214 (4th Cir.1985)). Applying these principles to the record, the Court concludes that summary judgment must be denied.

B.

Under Maryland law, the standard of care owed by a possessor of land to those coming upon the property depends on whether the person entering the land is an invitee, licensee, or trespasser. “An invitee is a person invited or permitted to enter or remain on another’s property for purposes connected with or related to the owner’s business; the owner must use reasonable and ordinary care to keep his premises safe for the invitee and to protect him from injury caused by an unreasonable risk which the invitee, by exercising ordinary care for his safety will not discover.” Rowley v. Mayor and City Council of Baltimore, 305 Md. 456, 465, 505 A.2d 494 (1986). Defendant argues that because Mr. Bass left the premises, he was no longer an “invitee” when he returned for his car. Because Mr. Bass was, at best, a bare licensee, defendant owed Mr. Bass only a duty not to willfully injure or entrap him. E.g., Baltimore Gas & Electric v. Lane, 338 Md. 34, 44, 656 A.2d 307 (1995). Hardee’s argues that summary judgment is warranted because there is no evidence of intentional misfeasance here. Alternatively, defendant argues that even if Mr. Bass was an invitee, there was no evidence that his injuries were the result of defendant’s negligence, so summary judgment must still be granted.

Assuming Mr. Bass was an invitee, there exists a genuine factual dispute as to whether defendant was negligent. Again, a business has a duty to “use reasonable care to protect the invitee from injury caused by an unreasonable risk which the invitee, by exercising ordinary care for his safety, will not discover.” Bramble v. Thompson, 264 Md. 518, 521, 287 A.2d 265 (1972).

In arguing that there was no breach of this duty, Hardee’s points out that a plaintiff does not meet his burden of proof “if it appears that the injuries resulted from either defendant’s negligence or some other cause, for the existence of which defendant, is not responsible, unless the plaintiff excludes the independent cause as the proximate cause of the injuries.” Rawls v. Hochschild Kohn & Co., 207 Md. 113, 119, 113 A.2d 405 (1955). Hardee’s observes that, from Mr. Bass’s own testimony, he did not know what he fell on. He testified that he was wearing leather soled shoes at the time. No eyewitnesses to the fall have been found. Further, if he slipped on ice, the ice might have come from cars recently entering the parking lot or Mr. Bass’s own shoes from the walk he had taken, rather than a consequence of a breach of duty by Hardee’s.

Nonetheless, as Mr. Bass notes, there is evidence in the record supporting the conclusion that his injury resulted from a breach of duty by defendant. While Mr. Bass’s ex-wife did not see the fall, she stated that there was a patch of ice right where she found Mr. Bass sitting on the ground. Mr. Bass testified that he did not move from the spot where he fell. The Roy Rogers manager found ice in the area where Mr. Bass fell. A reasonable jury could conclude that Mr. Bass slipped on ice. Further, a reasonable jury could conclude that defendant did not use “reasonable care” to protect Mr. Bass from harm. The accident occurred in January, a few days after a period of snowfall. An expert witness, trained in architecture and engineering, studied climate reports, the testimony of the witnesses, and examined the site. He concluded that the restaurant driveway was sloped to the middle, that it was in poor repair, and that roof runoff was directed toward the low-point of the driveway and pooled and froze in the very area where Mr. Bass fell. The expert opined that the dangerous condition was predictable at the [1044]*1044time of the accident, reasonable examination would have revealed the condition, and remedial steps would have cured the icy buildup.

Thus, assuming Mr. Bass was an invitee, summary judgment is not appropriate. The key dispute between the parties is whether Mr. Bass was in fact an invitee at the time of his injury.

In support of its contention-that Mr. Bass was not an invitee at the time of his injury, Hardee’s relies upon Levine v. Miller, 218 Md. 74, 145 A.2d 418 (1958). In Levine, the owners of an apartment gave a young girl permission to use a locked recreation room as a day camp for smaller children. The girl returned the key to the owners but left the door unlocked. Six hours later, she returned without the knowledge or permission of the owners. She was injured when a radiator, just placed in the room, fell on her. The Court in Levine observed that “[o]ne may be an invitee or business visitor ... for a limited time, and, without changing location, [become a licensee or trespasser] by the lapse of time.” Id. at p. 79, 145 A.2d 418.

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Bluebook (online)
982 F. Supp. 1041, 1997 U.S. Dist. LEXIS 17570, 1997 WL 697907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-hardees-food-systems-inc-mdd-1997.