Robb Cruser and Katy Hurley secured summary judgment in a premises liability case in the State Court of Gwinnett County. The plaintiff, who was struck by a vehicle in the parking lot of a QuikTrip store while making a fuel delivery, suffered cervical and lumbar sprains, and a medial meniscus tear, and underwent surgery on his left knee, with total medical bills exceeding $64,175 and estimated future medical expenses of $191,000.
The plaintiff alleged that the defendant willfully breached its duty by failing to keep the premises safe for invitees, such as the plaintiff, by requiring fuel delivery drivers to enter the flow of traffic in the parking lot to perform a procedure to confirm the level of fuel in the underground tanks, thereby causing a dangerous and hazardous situation. The plaintiff also alleged that he had personally complained to both his employer and QuikTrip that this policy was dangerous.
Cruser & Mitchell attorneys successfully argued that plaintiff could not claim to be a “whistleblower” and simultaneously argue that QuikTrip had the necessary superior knowledge of the hazard to create liability. The judge agreed, finding that because the plaintiff testified in his deposition he had informed QuikTrip of the alleged hazard, he could not show that QuikTrip’s knowledge of the hazard was greater than his own. Accordingly, the judge granted the Motion for Summary Judgment.