Date
May 13, 2026
Added to tracker
September 16, 2026
Court or forum
U.S. Court of Appeals for the Fourth Circuit
State
South Carolina
Presiding judge
J. Harvie Wilkinson III
Amount / scale
Non-monetary; summary judgment reversed and case remanded for trial in the District of South Carolina
Parties
Defendant-Appellee: Circle K Stores Inc.

The Fourth Circuit reversed summary judgment for Circle K Stores Inc. in a South Carolina premises-liability suit, holding that a jury, not a judge, should decide whether a parking-lot surface an employee had just cleaned with water and concrete cleaner was truly 'open and obvious,' and that expert testimony was not categorically required to prove the wet surface caused the plaintiff's fall. Judge J. Harvie Wilkinson III wrote the panel opinion, joined by Judges Julius N. Richardson and Toby Heytens.

Why it matters

Narrows a defense — 'open and obvious' hazard — that commercial property owners and retail operators rely on constantly to defeat premises-liability claims at summary judgment, particularly where an employee created the condition and an internal safety policy calling for a warning went unfollowed. Owners, operators, and insurers should revisit maintenance and cleaning protocols with an eye toward documented compliance, not just written policy.

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