Dist. Ct. did not err in granting defendant-store’s motion for summary judgment
in action alleging that defendant was negligent when plaintiff incurred injuries
arising out of her trip and fall on two stones located in defendant’s parking
lot. Fact that plaintiff fell in defendant’s parking lot after tripping on two
stones, by itself, is not sufficient to support inference that defendant was
negligent, and plaintiff’s belief that she fell as a result of defendant’s
negligence is only speculation, especially where she presented no evidence
either that: (1) defendant’s employees were responsible for placement of
instant stones in defendant’s parking lot; (2) defendant had actual notice of
stone’s dangerous placement in parking lot; or (3) defendant had constructive
knowledge of presence of instant stones in parking lot. Also, record failed to
show either pattern of negligent conduct or recurring negligent incidents.