HOUSTON – A man who slipped in a wet parking lot and sued Buc-ee’s failed to receive a favorable ruling on appeal, as justices have affirmed the dismissal of his lawsuit.
In August 2016, Anthony Barlow visited the Buc-ee’s store in New Braunfels. It was drizzling and the cement outside was visibly wet, court records show.
As Barlow exited the store, he walked through a handicapped-parking stall, stepped on a painted stripe and slipped and fell, injuring his leg.
A year later, Barlow filed suit against Buc-ee’s, alleging the store created an “unreasonably dangerous condition” by striping its parking lot surface with a paint that became “unreasonably slippery” when wet.
Buc-ee’s moved for summary judgment, arguing that even if the parking lot stripe could be considered a dangerous condition, the condition was open and obvious, thus precluding Barlow’s claim.
According to testimony given by a Buc-ee’s representative, on average 4,000 to 6,000 customers visit the New Braunfels store and there have been no slip and falls in the parking lot, either on wet or dry paint, at any of Buc-ee’s stores.
Court records show the trial court granted Buc-ee’s no-evidence and traditional motion for summary judgment.
Barlow appealed and on Feb. 11 the First Court of Appeals affirmed the trial court ruling, concluding there is no evidence that Buc-ee’s knew, or should have known, of the “unreasonably dangerous condition.”
“Buc-ee’s has used the same paint in its parking lot stalls for several years,” the opinion states. “There is no evidence of other falls attributable to Buc-ee’s choice of paint nor evidence of any complaints that the paint becomes slippery when wet.”
San Antonio attorneys Kevin Miller and Matthew Olivarez represent Barlow.
Buc-ee’s is represented by Pearland attorney Tracy Richardson III.
Appeals case No. 01-20-00285-CV