Could a gas station be liable for injuries suffered by two patrons struck by an out-of-control vehicle? It could if the injured patrons can show the risk of such injury was reasonably foreseeable and the property owners failed to take basic measures to prevent it.
This issue was raised in the recent case of Stanley v. Scott Petroleum Corp., where a vehicle plowed into two women who were standing at a walk-up pay window, buying fuel.
The case was recently before the Mississippi Supreme Court, which reversed an earlier grant of summary judgment in favor of defendants. Justices ruled the trial court should have allowed plaintiff their requested continuance to conduct more discovery before deciding whether defense was entitled to summary judgment. The case has been remanded for further consideration. Continue reading