Dover v. W. H. Braum

__ P.3d __ 1 On December 4, 2002 plaintiff Dover slipped and fell on the premises of defendant W. H. Braum, Inc. (Braum's). Plaintiff sued Braum's, alleging that she was an invitee and that she injured her leg and foot when she slipped on an accumulation of ice as she was leaving the store. Plaintiff pled that her injuries were the result of defendant's allowing ice to accumulate on the walkway and steps. She alleged that it was the practice of defendant to remove ice from walkway and steps and that defendant either failed to remove the ice, or negligently removed the ice on the day in question, creating a hazardous condition that was not open and obvious. Defendant Braum's moved for summary judgment on the grounds that the undisputed facts showed that it owed no duty to warn plaintiff because the slick steps were an open and obvious condition, and Braum's had done nothing to create or enhance the naturally hazardous condition 2 Plaintiff's deposition stated that on the day of the accident, she left work to run an errand on the far west-side of town where she observed that there was snow and ice on the grass and that a light mist was falling. She observed no snow, ice or mist when she left the west-side of town. After returning to work, she walked across the street to the Braum's store at N.W. 17th and Classen Boulevard in Oklahoma City. Plaintiff stated that when she entered the Braum's store, the weather was dry and cold and there was no ice on the sidewalk or steps. She was in the store for approximately twenty minutes; between the time she entered the store and exited, the weather had changed from dry to misting. After exiting the store, she says that she slipped and fell on ""black ice"" that had accumulated during the twenty minutes she was in the store. 3 When plaintiff entered the Braum's store, she observed that someone had placed ""de-icer"" in front of the doorway because she felt it crunch underfoot. Although there was no snow or ice on the ground and it was not misting at the time she entered the store, plaintiff was aware that an ice storm was predicted that day and she assumed that Braum's had placed the ""de-icer"" in front of the door because of the predicted ice storm. Plaintiff testified that she had been to that Braum's store many times and that she had used the steps and front sidewalk in prior bad weather. She was aware from these visits that Braum's placed ""de-icer"" in front of the doorway and on some portions of its sidewalk, but not on the steps. Plaintiff was aware of the need to be cautious during bad weather. She asserts that black ice had accumulated on the steps during the twenty minutes that she was in the store and that it was a hidden and ultra-hazardous danger to her.