Moore v. Primadonna Co., LLC
CourtNevada Supreme Court
Date FiledOctober 15, 2026
Docket89261
JudgeCadish, J.
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
RONNY MOORE, No. 89261
Appellant,
vs.
THE PRIMADONNA COMPANY, LLC,
D/B/A WHISKEY PETE’S HOTEL &
CASINO, A NEVADA LIMITED
LIABILITY COMPANY; AND FULL
SERVICE SYSTEMS CORPORATION, A
FOREIGN CORPORATION,
Respondents.
Appeal from a district court order granting summary judgment in
a tort action. Eighth Judicial District Court, Clark County; Veronica Barisich,
Judge.
Affirmed in part, vacated in part, and remanded.
Claggett & Sykes Law Firm and Micah S. Echols, Charles L. Finlayson, David
P. Snyder, and Charles E. Cahillane, Las Vegas; Burk Injury Lawyers and
Christopher D. Burk and A. J. Sharp, Las Vegas,
for Appellant.
Brandon Smerber Law Firm and Lew Brandon, Jr., and Ryan Venci, Las
Vegas,
for Respondent The Primadonna Company, LLC.
Homan, Stone & Rossi, APC, and Bernadette Rigo, Las Vegas,
for Respondent Full Service Systems Corporation.
BEFORE THE SUPREME COURT, EN BANC.
OPINION
By the Court, CADISH, J.:
Appellant Ronny Moore slipped in spilled liquid and fell at a truck
stop’s self-service fueling station. Moore sued the truck stop owner, respondent
The Primadonna Company, LLC, for negligence. As relevant here, Moore
proceeded under a mode-of-operation theory that permits a plaintiff to satisfy
the notice requirement for premises liability based on risks that are reasonably
foreseeable from the defendant’s mode of conducting its business. The district
court granted summary judgment for Primadonna because Moore did not point
to evidence that employees traditionally dispense fuel or that self-service
fueling was a newer merchandising technique. But those historical facts do
not, standing alone, resolve whether Primadonna could have reasonably
foreseen fuel spills as a risk of its operation or whether the evidence otherwise
supports that Primadonna had notice of the spill at issue. We therefore decline
to adopt the mode-of-operation theory of premises liability and instead refocus
on the foreseeability of the risk and the reasonableness of the operator’s
response to such risks. Because the district court did not reach those
questions, we vacate and remand.
FACTS AND PROCEDURAL HISTORY
Primadonna owns and operates a truck stop self-service fueling
station. Respondent Full Service Systems Corporation (FSS) provides
janitorial services for Primadonna. In 2019, Moore was working as a truck
driver and sustained injuries after slipping on a substance believed to be
gasoline at Primadonna’s fueling station when he stopped for fuel there. After
his fall, Moore reported the spill to a Primadonna employee, and another
employee put an absorbent on the spill. Evidence was presented that
Primadonna kept a log documenting gasoline spills of one gallon or more.
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Moore filed a complaint for negligence against Primadonna in the
district court. Primadonna filed an answer to Moore’s complaint and a third-
party complaint against FSS. Moore subsequently amended his complaint to
add claims against FSS as well. At the close of discovery, Primadonna and
FSS moved for summary judgment on Moore’s claims, arguing that Moore
could not establish that they had either actual or constructive notice of the
hazardous condition alleged in the complaint.
The district court granted summary judgment in favor of
Primadonna and FSS because Moore failed to produce evidence of an employee
causing the spill or that the spill was present long enough to show actual or
constructive notice. The district court also held that Moore failed to produce
any evidence that self-service fueling is a newer merchandising technique or
that, in Nevada, truck stop employees traditionally dispensed fuel, and thus
that he failed to support a mode-of-operation theory of liability.
Moore appealed, and the court of appeals reversed and remanded
for further proceedings. Moore v. Primadonna Co., LLC, 142 Nev., Adv. Op. 6,
584 P.3d 835, 841 (Ct. App. 2026) (Opinion Affirming in Part, Reversing in
Part, and Remanding). This court granted Primadonna’s petition for review
under NRAP 40B.
DISCUSSION
Moore argues that the district court erred by requiring him to
produce evidence that employees traditionally dispensed fuel or that self-
service fueling is a newer merchandising technique to establish constructive
notice under a mode-of-operation theory. Moore asserts that whether
employees traditionally dispensed fuel for customers is a fact question for the
jury. Moore claims that to survive summary judgment, he did not need to
produce evidence of how commercial gas stations operate because a jury can
rely on common knowledge. Regardless, Moore asserts that since caselaw
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recognizes a shift to self-service grocery stores as an example of a new
merchandising technique, courts should also recognize the shift to self-service
fueling as a new merchandising technique.
This court reviews a grant of summary judgment de novo. Abbot
v. City of Henderson, 140 Nev. 21, 23, 542 P.3d 10, 12 (2024) (citing Wood v.
Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005)). “Summary
judgment is only appropriate where, construing all evidence in the light most
favorable to the nonmoving party, there is no genuine dispute as to any
material fact, and the moving party is entitled to judgment as a matter of law.”
Id. (citing Wood, 121 Nev. at 729, 121 P.3d at 1029, and NRCP 56(a)).
A negligence claim in Nevada requires proof of four elements:
“(1) an existing duty of care, (2) breach, (3) legal causation, and (4) damages.”
PHWLV, LLC v. House of CB USA, LLC, 140 Nev. 481, 483, 554 P.3d 715, 719
(2024) (quoting Turner v. Mandalay Sports Ent., LLC, 124 Nev. 213, 217, 180
P.3d 1172, 1175 (2008)). The legal causation and damages elements are not at
issue here. A duty of care exists when the relationship between the parties is
one that the community recognizes as imposing a legal obligation on one for
the benefit of the other. Id. (citing Lee v. GNLV Corp., 117 Nev. 291, 295, 22
P.3d 209, 212 (2001)).
Nevada has adopted the Restatement (Third) of Torts’ principle
that land possessors owe a general duty of reasonable care to all entrants. Id.
(citing Foster v. Costco Wholesale Corp., 128 Nev. 773, 781, 291 P.3d 150, 156
(2012)); Restatement (Third) of Torts: Physical & Emotional Harm § 51 cmt. a
(Am. L. Inst. 2012). Thus, a business owner owes its customers a duty to
maintain its premises in a reasonably safe condition. Sprague v. Lucky Stores,
Inc., 109 Nev. 247, 250, 849 P.2d 320, 322 (1993). That duty requires the
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exercise of “reasonable care under the circumstances.” PHWLV, 140 Nev. at
484, 554 P.3d at 719 (quoting Lee, 117 Nev. at 296, 22 P.3d at 212).
Whether a business has exercised reasonable care depends on
“foreseeability and gravity of harm, and the feasibility and availability of
alternative conduct that would have prevented the harm.” Id. (quoting Foster,
128 Nev. at 781, 291 P.3d at 156). In the premises-liability context, this
generally requires a plaintiff to show that the business failed to exercise
reasonable care in responding to a hazardous condition. See, e.g., Sprague, 109
Nev. at 251, 849 P.2d at 323 (concluding a material issue of fact remained
whether respondent “failed to exercise reasonable care in not providing skid
mats to counter the continuous spillage of produce” after receiving constructive
notice of the hazardous condition). When a business or its employee causes a
foreign substance to be on the floor and a patron slips on the substance and
falls, the business owner may be liable for the patron’s injuries because the
substance on the floor is not usually consistent with reasonably safe conditions.
Id. at 250, 849 P.2d at 322. When a third party causes the substance to be on
the floor, however, the plaintiff ordinarily must establish that the business had
actual or constructive notice of the condition and failed to remedy it. Id. at
250, 849 P.2d at 322-23.
As an alternative to the traditional framework requiring actual or
constructive notice, this court has recognized—without explicitly adopting—
the mode-of-operation approach. See FGA, Inc. v. Giglio, 128 Nev. 271, 280-
82, 278 P.3d 490, 496-97 (2012) (“In Sprague v. Lucky Stores, Inc., this court
implicitly adopted the mode-of-operation approach in reversing an order
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granting summary judgment in favor of Lucky. 109 Nev. at 251, 849 P.2d at
323.”). 1
Under the mode of operation approach, “the
plaintiff’s burden to prove notice is not eliminated.
Instead, the plaintiff satisfies the notice
requirement if he establishes that an injury was
attributable to a reasonably foreseeable dangerous
condition on the owner’s premises that is related to
the owner’s self-service mode of operation.”
Id. at 281, 278 P.3d at 496 (quoting Sheehan v. Roche Bros. Supermkts., Inc.,
863 N.E.2d 1276, 1283 (Mass. 2007)). The mode-of-operation approach, when
it applies, thus requires consideration of whether a dangerous condition was
reasonably foreseeable. Id. But foreseeability is already part of Nevada’s
established negligence framework. Under the Restatement (Third) of Torts,
“[t]he duty of reasonable care includes reasonable care to discover dangerous
conditions on the land and to eliminate or ameliorate them.” Restatement
(Third) of Torts § 51 cmt. i (Am. L. Inst. 2012). “The primary factors to consider
in determining whether reasonable care has been exercised are the foreseeable
likelihood of harm, the foreseeable severity of any potential harm, and the
burden required of the land possessor to eliminate or reduce the risk.” Id.
Accordingly, whether a dangerous condition is reasonably foreseeable is an
inquiry already required under Nevada negligence law, regardless of whether
the condition arose from a particular mode of operation. PHWLV, 140 Nev. at
484, 554 P.3d at 719.
Therefore, we now explicitly decline to adopt the mode-of-operation
approach to premises liability and instead clarify that, regardless of the
1The court noted in Giglio that Nevada has never explicitly adopted the
mode-of-operation approach. 128 Nev. at 281 n.5, 278 P.3d at 497 n.5.
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particular business model used, constructive notice of a hazard may be
established by evidence that the dangerous condition is reasonably foreseeable.
Such foreseeability may be shown by evidence demonstrating constructive
notice of the particular hazard that caused the injury in question (usually due
to the length of time the hazard was present) or evidence supporting more
general foreseeability of this particular type of risk. We also emphasize that,
even if the hazard was reasonably foreseeable and constructive notice was
established, the injured party also must show that the business did not act
reasonably in addressing that foreseeable risk.
Here, the district court focused on whether Moore presented
evidence sufficient to support a mode-of-operation theory. The relevant
inquiry, however, was whether the alleged fuel spill constituted a reasonably
foreseeable dangerous condition that could provide Primadonna or FSS with
constructive notice of such a hazard and, if so, whether they reasonably
addressed that risk. The district court therefore erred by granting summary
judgment for Primadonna and FSS based on its conclusions about the mode-
of-operation theory of liability.
CONCLUSION
We conclude that after slipping on spilled liquid at a self-service
fueling station and getting injured, Moore was not required to show that
employees traditionally dispensed fuel or that self-service fueling is a newer
merchandising technique to establish constructive notice of the spill. Nevada
negligence law governing premises liability generally requires consideration of
the foreseeability of a risk in determining the scope of the duty of care. Thus,
to establish constructive notice of the hazard, Moore needed only to present
evidence from which a reasonable trier of fact could find that the fuel spill was
a reasonably foreseeable risk. Because the district court did not consider this
issue before granting summary judgment, we vacate and remand for
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proceedings consistent with this opinion. 2 However, because Moore did not
challenge the grant of summary judgment on his negligent hiring, training,
supervision, and retention claim, we affirm the district court’s decision as to
that claim.
Cadish, J.
We concur:
Herndon, C.J.
Pickering, J.
Parraguirre, J.
Bell, J.
Stiglich, J.
Lee, J.
2In light of this opinion, the court of appeals decision is withdrawn.
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