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Merrill v. Jansma

Supreme Court of Wyoming
86 P.3d 270 (2004)


Facts

Merrill (plaintiff) suffered injuries when she fell while ascending the front steps leading to the entrance of the mobile home that her daughter Sherri Pritchard rented from Jansma (defendant). The steps became loose during Pritchard’s occupancy. Pritchard had previously attempted to secure the step but was unable to do so. She notified the property manager, who apparently was also unable to secure the step: Merrill fell as the steps separated from the porch when she stepped on them. Merrill filed a negligence claim on the grounds that Jansma knew or should have known the step was dangerous and failed to exercise reasonable care to eliminate the danger. Jansma moved for summary judgment, claiming she owed no legal duty to Merrill. The district court granted the motion. Merrill appealed.

Rule of Law

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Issue

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Holding and Reasoning (Kite, 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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