Weather conditions "favorable" for the development of black ice do not constitute an adequate foundation for explaining fall
Terry Eakins fell on the premises of Copeland Auto Repair after getting out of his AT & T van. Eakins was on the property to install phone service. He explained that his foot slipped on something, but that he never identified the cause of his fall. He argued that since the landowner admitted that conditions were "favorable" for the development of black ice, the jury could infer, without further evidence, that black ice was, indeed, the cause of his fall. The court said that will be the day.