Flowers v. K-Mart Corp

In Flowers v. K-Mart Corp., 126 Ariz. 495, 616 P.2d 955 (App. 1980), a car struck a customer in a K-Mart parking lot; the customer then sued K-Mart for failing to provide a crosswalk. Flowers, 126 Ariz. at 496-97, 616 P.2d at 956-57. K-Mart argued the "layout of its parking lot and the traffic therein was an open and obvious condition, and thus it did not breach its duty to the appellants by failing to provide a crosswalk for their use." Id. at 497, 616 P.2d at 957. The Court determined that the plaintiffs had "failed to affirmatively and specifically show that K-Mart breached any duty . . . under the undisputed facts presented." Id. at 498, 616 P.2d at 958. In reaching that conclusion, we emphasized the plaintiffs had not offered any evidence of past accidents at that or any other K-Mart under similar circumstances and that K-Mart had no reason to anticipate harm under those circumstances. Id.