Summary Judgment Issue of Material Fact.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: George W. Hendrix, et al. v. Secura Insurance, et al.

Case No.: 2018AP1103

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Summary Judgment Issue of Material Fact

George Hendrix suffered injuries when he slipped and fell on compacted snow in a parking lot that Dedicated Fleet Services, LLC ("DFS") leased from 4X Corporation ("4X"). Hendrix and his spouse, Wanda Hendrix, brought claims of common-law negligence and violations of Wisconsin's safe place statute against both DFS and 4X. The circuit court granted summary judgment to 4X on the ground that 4X lacked notice of the unsafe condition in the parking lot prior to Hendrix's accident. The court denied DFS summary judgment, however, based on its conclusion that there was a disputed issue of material fact as to whether DFS had such notice.

DFS now appeals, arguing that: (1) the circuit court erred by determining that there was a disputed issue of material fact as to whether...