In Truax v Roulhac, an out-of-control minivan may be changing the landscape of summary judgment for premises liability actions. On March 9, 2009, Tanya Roulhac, under the influence of alcohol, cocaine, and THC, drove her minivan into the parking lot of Madd Anthony’s Bar. The minivan careened into a parking space in front of the bar, jumped over a five inch concrete “bump out”, and slammed into Tracy Truax, pinning her to the building. Truax sued Wildwood 115, Inc., the corporate operator of Madd Anthony’s, and Silvio Vitiello, the owner of the building for premises liability.
The trial court granted summary judgment to the defendants because the harm caused was unforeseeable. However, the plaintiff appealed arguing that the premises liability clam should go to a jury to determine if the risk was reasonably foreseeable. Given the plaintiff’s status as a business invitee, the defendants owed a duty to take reasonable precautions against harmful third party conduct that could be reasonably anticipated. The plaintiff pointed to damage on the concrete “bump outs” as evidence that vehicles could cross the pedestrian sidewalk and collide with the opposite wall. She also produced evidence that Madd Anthony’s had, at one time, placed large rocks between the parking lot and the pedestrian sidewalk, but the rocks were removed after a vehicle ran into one and pushed it across the sidewalk into the building.
The Appellate Court determined that this evidence created a fact question of whether the defendants could have reasonably anticipated a vehicle crossing the pedestrian sidewalk and hitting the building. As such, the risk of an out-of-control vehicle crossing a sidewalk and striking the opposite building was not per se unforeseeable. Furthermore, the use of the concrete “bump outs” might have been in perfect compliance with zoning regulations but this was not sufficient evidence of due care.
In the future, Madd Anthony’s may consider safety features to protect their patrons from Madd minivan drivers.
Thanks to Melanie Brother for her contribution.