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Borders v. Roseberry

Kansas Supreme Court
532 P.2d 1366 (1975)


Facts

Agnes Roseberry (defendant) rented her single-family residence to Reineker. Before Reineker took possession, Roseberry renovated the home. As part of the renovation process, the repairmen removed the roof guttering and failed to replace it. As a result, rainwater drained off the roof onto the front porch. In freezing weather, ice would accumulate on the front steps, causing slippery conditions. Roseberry was aware of the condition and expressed an intention to repair it. Reineker also notified Roseberry of the condition. On January 9, 1971, several months after Reineker took possession, ice had accumulated on the front steps. Reineker attempted to remove the ice accumulation with a hammer that afternoon. Later that day, Gary D. Borders (plaintiff) came to the residence for dinner. As he was leaving, he slipped on the icy front steps and sustained personal injuries. Borders brought suit against Roseberry for damages. The district court found in favor of Roseberry.

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Issue

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Holding and Reasoning (Prager, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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