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The U.S. Court of Appeals for the Fourth Circuit has ruled that a slip-and-fall lawsuit against Walmart must proceed to trial, reversing a previous summary judgment in favor of the retail giant. The appellate court determined that Walmart may still be held liable for injuries sustained by a customer who slipped on black ice in a store parking lot following a winter storm.

The lawsuit, Lois Ann Brown v. Wal-Mart Stores East LP, stems from a January 2021 incident in which plaintiff Lois Ann Brown allegedly slipped and fell on untreated ice while exiting her vehicle at a Walmart parking lot in Lynchburg, Virginia. Brown is seeking $300,000 in damages, claiming the retailer failed to take reasonable precautions following an overnight snowstorm.

Walmart argued it had no obligation to address the specific patch of ice where Brown fell, asserting a lack of notice of the hazard. However, the Fourth Circuit panel rejected that defense, emphasizing that in winter storm conditions, businesses are on notice that their entire outdoor premises may be hazardous.

Writing for the court, U.S. Circuit Judge Julius N. Richardson stated:

“By its plain terms, the duty to use reasonable care to remove ice and snow after a storm doesn't apply to specific patches of ground. Rather, it applies to all of a business's outdoor areas all at once… That’s how weather works.”

The court concluded that when inclement weather creates widespread icy conditions, a plaintiff is not required to show prior notice of a specific hazard. The mere occurrence of a storm constitutes sufficient notice to trigger a business’s duty of care.

The panel also raised concerns about the evidence presented by Walmart. Though one employee testified that the parking lot had been salted and cleared by a contractor earlier that morning, video surveillance showed the contractor’s truck entering and exiting the lot in mere moments, with no clear indication of any treatment. Additionally, the store manager testified that he neither observed salt nor knew of a contractor working that day.

Due to conflicting accounts and gaps in evidence, the judges ruled that the matter should be decided by a jury.

The panel included U.S. Circuit Judges Pamela A. Harris, Julius N. Richardson, and A. Marvin Quattlebaum Jr.

Plaintiff Lois Ann Brown is represented by Allen David Hawkins of Overbey Hawkins Wright & Vance PLLC and Chad A. Mooney of Petty Livingston Dawson & Richards PC. Walmart is represented by Victor S. Skaff III of Glenn Robinson Cathey Skaff & White PLC.

The case is Lois Ann Brown v. Wal-Mart Stores East LP, Case No. 24-1102, in the U.S. Court of Appeals for the Fourth Circuit.