A man seeking a negligence judgment against the gas station and restaurant at the Kansas Turnpike’s Matfield Green service area can move forward with his claim.
The Kansas Court of Appeals says Stanley Ritter’s claim against Gas-Mart USA, Heartland Restaurants and Summit Restaurant Holdings in Chase County District Court is valid after he slipped on black ice and was hurt during a pre-trip inspection on his semi in 2014. Ritter filed a personal injury lawsuit against Gas-Mart, which operated the gas station, and also Heartland Restaurants and Summit Restaurant Holdings, which operated the Hardee’s and Dunkin’ Donuts at the service area — saying the companies had a duty to keep the area clear based in part on their contracts with the Kansas Turnpike Authority.
In a joint answer filed in early 2016, Heartland and Summit said Heartland was not responsible to maintain the area where Ritter fell. Gas-Mart filed for bankruptcy that year as well, putting the case on hold for a year, but once the case resumed Gas-Mart also offered a similar statement. Summary judgment in these cases went in favor of the companies, after which Ritter appealed.
The Court of Appeals says district court was wrong to grant summary judgment on findings that the facility’s operators lacked any duty as a matter of law. It also says Ritter was justified in pursuing a negligence claim, based on the contract between the companies and the KTA.
The case has been sent back to Chase County District Court for further legal proceedings.
