Michael Laine, Plaintiff-Below, Appellant v. Speedway, LLC, Defendant-Below, Appellee

Summary

The Court affirmed summary judgment for Speedway, holding that Delaware continues to recognize the continuing-storm doctrine and that the doctrine applies when a business remains open during an active storm. Because freezing rain was falling when Laine fell and the ice was a natural accumulation created by that precipitation, Speedway was entitled to wait until the storm ended and a reasonable time thereafter before removing it. The Court also held that the doctrine generally eliminates a duty to warn of icy conditions during a storm in progress.