This section contains the nature of the case and procedural background.

P allegedly slipped and fell on ice on the pavement at premises of a store owned by D. D moved for and was granted summary judgment on one issue alone. D argued that P failed to present any evidence that ice was the cause in fact of his fall. The trial court granted the motion but did not explain its ruling. The evidence is that P was on his way to work when he stopped for gas at a store operated by D. He first paid in the store and then returned along the same route to pump gas. On his return, he slipped and fell, injuring his knee and other parts of his body. He never saw what he slipped on and he never saw any ice, and his clothes were not wet from ice or water. No other person directly witnessed P's fall. It had rained the prior day, and temperatures were about 20 degrees, and water from the canopy over the gas pumps had flowed out of the downspout onto the pavement near the gas pump at which P had parked his car. Water drips from that downspout and collects on the ground. At the time of the fall, the temperature was still at or below freezing.

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