In a recent case, a court decided that a gas station could be held liable after a driver who was delivering gas was injured on the gas station’s property. A tanker driver who had just delivered a load of gasoline to the station was hit by another car and later brought a lawsuit against the other driver, the gas station, and the gas station’s manager.
The driver had parked his truck at the station in the area for delivering gasoline. He also placed three traffic cones by the truck. He then went into the store to fill out some information about the delivery, made the gas delivery, and went to another part of the station to measure the station’s tank levels as required by the station owner. He took one of the cones with him and placed it in the area where he was measuring the tanks. While he was measuring the levels, he dropped a tank cap into the well and got onto his hands and knees to pick up the cap. As he was doing this, another car backed into him.
A trial court originally found the gas station and its manager were not liable and granted summary judgment in their favor. The court said the driver’s knowledge of the danger was greater than or equal to the gas station’s knowledge of the danger. The driver appealed.