John M. Kirby
Skipper v. Wayne Oil; Slip and Fall, Icy Conditions
In Skipper v. Wayne Oil, (unpublished; December 3, 2013) the Court of Appeals affirmed the dismissal (summary judgment) of a claim where the plaintiff stepped off a curb and onto a parking lot, and slipped, breaking his ankle. There was some evidence of ice in the parking lot, and it was 30 degrees. In his deposition, however, he testified that he was not certain what (if anything) he slipped on; he originally reported to the defendant that he thought he slipped on ice. The court held that the evidence was insufficient that the plaintiff in fact slipped on ice. There are other cases in North Carolina where the claimant cannot sufficiently identify the reason for their fall.
John Kirby has handled many premises liability cases, and has taught premises liability to insurance adjusters.