See our previous blog when this case of the tripping customer was decided at the court of appeals. As expected, the Arizona Supreme Court holds the issue is not duty because a duty is owed to an invitee. The issue is whether the duty was breached. Because Circle K’s motion was based on duty, and the trial court decided only the duty issue, the case is remanded for the trial court to consider the alleged breach. The court clarifies its Dinsmoor decision, which discusses case-specific facts in determining duty. This specific facts inquiry asks “when and where the alleged risk of harm arose –within or outside the scope of the special relationship –not whether the alleged risk actually constituted an unreasonably dangerous condition.”  The court gives a nod to the concurring opinion in the court of appeals. Undoubtedly, Circle K will file another summary judgment motion on breach and causation. Because the right-for-any-reason rule cannot apply when the issue was not raised, the parties must go through the exercise again.

link to opinion