The Plaintiff alleged that she fell when her foot slipped on an accumulation of cinders and/or gravel on the macadam entrance/exit driveway at the Defendants’ convenience store, which was most likely from anti-skid materials placed on the parking lot and/or adjacent public road during winter snow storms. The Plaintiff alleged that the Defendants had violated their own internal policies and procedures which required cleaning of the parking areas on a daily basis.

The defense focused on the fact that the Plaintiffs failed to produce any evidence as to the specific nature of the condition that allegedly caused the fall, other than the fact that there was an accumulation of black cinders and/or stones in the area of the accident. Although Plaintiffs obtained photographs of the accident site the following day, none of the photographs were close-up pictures showing the specific conditions at the time of the accident. Additionally, the Plaintiffs failed to obtain a sample of the stones as evidence. Finally, the Plaintiffs were unable to verbally describe the size, shape, depth or density of the stones. Consequently, the defense argued that the Plaintiffs had failed to meet their burden of proof and the jury had no basis to determine whether the condition posed an “unreasonable risk of harm” to persons lawfully on the premises. The jury deliberated 45 minutes before returning a verdict that the Defendants were not negligent.