This section contains the nature of the case and procedural background.

While pumping gas at JB's Convenience Store, P slipped and fell, hitting her head on the pavement. P sued the owner and manager, D, claiming D had failed to properly maintain the service station in a reasonably safe condition based on the presence of an oily spot on the concrete where she fell. P offered the affidavit of her daughter, who said that she was notified after the accident. She went to the scene and found her mother's car still parked at the pump. She noticed a spot of 'black oily residue or sludge' near the pump, where her mother had fallen. The spot was 'mostly black, dirty, and it was obvious to me that the oily residue had been on the pavement for an extended period of time, at least several days.' The spot 'looked slippery.' The trial court granted D summary judgment after finding that there was 'no evidence of what [the] spot was, how it got there, how long it had been there, or whether or not D knew or should have known about [it].' P appealed.

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