Martha A. Downen and James D. Downen, Appellants (plaintiffs) v. Sinclair Oil Corporation, D/b/a Little America…

Summary

The Wyoming Supreme Court affirmed summary judgment for Sinclair Oil in this premises liability action arising from Martha Downen's slip and fall in a shower at the Little America truckstop. The court held that Mrs. Downen's opinions that the floor must have been slippery because she fell and it looked shiny were not specific factual evidence of a foreign substance, that foreseeability of an unsafe condition cannot be established by conjecture, and that the failure to provide a bath mat did not proximately cause the fall because in ordinary experience a missing bath mat cannot be expected to cause a shower fall. The court declined to consider supporting materials for the Downens' pending Rule 60(b)(2) motion because they were not before the district court.