A Silver Spring Toyota dealership failed in its bid to permanently shut down a customer’s slip-and-fall lawsuit after Maryland’s highest court ruled that a jury should decide whether the business did enough to protect her from a freshly mopped floor. Katharine Blackwell slipped and fell on a floor near the service desk at DARCARS Toyota of Silver Spring after an employee had mopped it but before anyone put out a warning sign.
The Supreme Court of Maryland issued its opinion on September 25, affirming an earlier decision by the Appellate Court of Maryland that revived Blackwell’s premises-liability claim, according to The BayNet. The case, filed as DARCARS Toyota of Silver Spring v. Blackwell and docketed as Case No. 6, September Term 2026, centers on what happened when Blackwell was called to the service desk because her vehicle was ready.
A Mop, a Missing Sign, and a Fall
According to court filings detailed by Maryland Daily Record, lot attendant Pedro Fernandez mopped the floor in front of the service desk without posting a warning sign before or during the cleaning. A dealership employee identified as Mr. Bong had requested that the floor be mopped and watched it happen, then called Blackwell to the service-desk area without warning her about the wet floor, per the same filings.
Fernandez left the area to retrieve a warning sign, which he said was kept about a minute away, as Blackwell walked toward the desk, slipped on the wet floor and fell before he returned. The area in question was one where customers could be expected to walk, making the lack of any barrier or warning central to the dispute.
Lower Courts Split on the Outcome
The Montgomery County Circuit Court initially sided with DARCARS, granting summary judgment on both of Blackwell’s negligence-based claims after reasoning that the dealership did not have enough time after the floor became wet to post a warning sign. The Appellate Court of Maryland later reversed that decision specifically as it related to the premises-liability claim, while leaving the circuit court’s ruling on negligent hiring and supervision untouched…