Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days. Separately, the defendant Sussex County filed a motion for summary judgment, arguing that no evidence existed that it had actual or constructive notice of the spilled water. The defendant relied upon the plaintiff’s inability to identify the source or timing of the spill and argued that the spill could have occurred just prior to the plaintiff’s fall. The court disagreed, finding that the jury “could reasonably find that an unattended bathroom is a dangerous condition in and of itself. Upon such finding, the defendant could be charged with notice of the dangerous condition because it is the defendant’s standard practice to not staff maintenance workers after 4:30 pm during the week, and at any time on the weekends. This is despite the fact that the airport remains open to the public 24 hours per day, seven days per week.” The court cited to Wise v. Wilmington Housing Authority, 2003 WL 22594455, *4 (Del. Super. Ct. Nov. 7, 2003) for support. In sum, the judge’s opinion stated: “The Court finds that the record supports a genuine dispute of material fact as to whether Defendant’s procedures for maintaining the restroom in question constitutes a negligent breach of Defendant’s duty to maintain the restroom in a reasonably safe condition.”

_{Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}