United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
CAROL E. JACKSON, District Judge.
This matter is before the Court on defendant's motion for summary judgment. Plaintiff has responded in opposition, and the issues are fully briefed.
On June 4, 2011 plaintiff Mable Randall entered a Wal-Mart store in Kennett, Missouri owned by defendant Wal-Mart Stores East, LP (improperly identified as Wal-Mart Stores, Inc.) to return plastic bags to defendant's recycling bin. The store has two main entrances that open into vestibules, a general merchandise entrance and a grocery entrance, each with two sets of motion-activated doors. Store management has the ability to limit the motion activation to operate from only one direction for purposes of theft prevention and traffic control. At each entrance, one set of doors allows customers to enter or exit a vestibule area, while another set of doors leads into or out of the store interior. When facing an entrance from the the word "enter" appears above the doors on the left, and the word "exit" appears above the doors on the right.
On the date of the incident, plaintiff used the left set of doors to enter the vestibule area of the general merchandise entrance. The vestibule contained a recycling bin, a "Red Box" for movie rentals, a rack for displaying bicycles, and a watermelon bin. The recycling bin was located directly to the right of the doors through which plaintiff entered. The bicycle rack was placed directly beside the recycling bins in the middle of the vestibule. The watermelon bin was adjacent to the bicycle rack, and against the second set of doors for entering or exiting the store interior. This alignment appeared to create two parallel walkways in the vestibule. The wheeled rack was designed to hold six bicycles. Two bicycles were hanging from hooks on the top of one end of the rack, while the four hooks on the opposite end were empty. The rack was approximately seven or eight feet long, four feet wide, and six feet tall. Two metal bars ran across the bottom of the rack at a height approximately eight inches from the floor. The bicycle rack contained sign advertisements on each end at eye-level displaying "$42.99."
Upon entering the vestibule, plaintiff turned right to place some plastic bags in the recycling bins. She then momentarily turned around in what appears to be an attempt to exit the doors through which she had entered. She next turned back around and attempted to cross the middle of the vestibule to exit through the right set of doors without entering the store's interior. In doing so, she attempted to walk under the empty hooks on the bicycle rack, but she tripped on the lower bars on the bottom of the rack and fell face-first to the ground.
Plaintiff initially filed suit in the Circuit Court of Dunklin County, Missouri. Defendant removed the action, asserting jurisdiction based on diversity of citizenship. Plaintiff claims that defendant was negligent in its placement of the bicycle rack. She seeks an award of damages for injuries she allegedly sustained.
II. Legal Standard
Rule 56(a) of the Federal Rules of Civil Procedure provides that summary judgment shall be entered if the moving party shows "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In ruling on a motion for summary judgment, the court is required to view the facts in the light most favorable to the non-moving party, giving that party the benefit of all reasonable inferences to be drawn from the underlying facts. AgriStor Leasing v. Farrow , 826 F.2d 732, 734 (8th Cir. 1987). The moving party bears the burden of showing both the absence of a genuine issue of material fact and its entitlement to judgment as a matter of law. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 252 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87 (1986). If the moving party meets its burden, the non-moving party may not rest on the allegations of its pleadings, but must set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists. Gannon Intern., Ltd. v. Blocker , 684 F.3d 785, 792 (8th Cir. 2012); Gibson v. American Greetings Corp. , 670 F.3d 844, 853 (8th Cir. 2012). "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial." Ricci v. DeStefano , 557 U.S. 557, 586 (2009) (quoting Matsushita Elec. Industrial Co. , 475 U.S. at 587).
In addition to the parties' memoranda, the record consists of deposition transcripts, video footage from surveillance cameras in the store, and still images printed from the video, all of which the parties attached as exhibits to their pleadings. These materials are appropriate for the Court to consider in ruling on this motion. City of St. Joseph, Mo. v. Southwestern Bell Telephone , 439 F.3d 468, 475 (8th Cir. 2006).
In a negligence action under Missouri law, a plaintiff must establish that (1) the defendant owed her a duty of care, (2) defendant breached that duty, and (3) defendant's breach proximately caused her injury. Lopez v. Three Rivers Elec. Co-op. Inc. , 26 S.W.3d 151, 155 (Mo. banc 2000). The applicable standard of care is a question of law for the courts, while whether a defendant's conduct fell below that standard of care is a question of fact for a jury. Hellman v. Droege's Super Market, Inc. , 943 S.W.2d 655, 658 (Mo.Ct.App. 1997). When a plaintiff sues a property owner for injuries incurred from an alleged unreasonably dangerous condition on that property, the applicable standard of care is defined by the relationship between the property owner and the plaintiff. Harris v. Niehaus , 857 S.W.2d 222, 225 (Mo. banc 1993). As conceded by defendant for the purposes of its instant motion, the plaintiff was an invitee at the time of the incident. An invitee is "a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land." Spaulding v. Conopco, Inc. , 740 F.3d 1187, 1191 (8th Cir. 2014) (quoting Harris , 857 S.W.2d at 225).
With regard to invitees under Missouri law, a property owner must "(1) exercise reasonable care; (2) disclose to the invitee all dangerous conditions which are known the possessor and are likely not to be discovered by the invitee; and (3) see that the premises are safe for the reception of a visitor, or at least ascertain the condition of the land, to give such warning that the invitee may decide intelligently whether or not to accept the invitation, or may protect himself against the danger if he does accept it." Harris , 857 S.W.2d at 226.
In return, property owners can expect invitees to exercise due care. Huxoll v. McAlister's Body & Frame, Inc. , 129 S.W.3d 33, 35 (Mo.Ct.App. 2004). "Due care mandates that invitees take available precautions to protect themselves from open and obvious dangers." Id . A dangerous condition is "open and obvious" if the invitee should reasonably be expected to discover it and realize the danger. Harris , 857 S.W.2d at 226. The "open and obvious" exception to liability does not apply, however, "where a landowner should foresee that invitees, even if using reasonable care, would not appreciate the danger associated with the risk or would be unable to protect themselves from it." Huxoll , 129 S.W.3d at 35. Therefore, "even if an invitee can reasonably be expected to discover a danger, a ...