Newton v. Magill
Alaska Supreme Court
872 P.2d 1213 (1994)
- Written by Craig Conway, LLM
Facts
Darline Newton (plaintiff) moved to join her husband, Stan, who had moved to an Alaska city where constant rain was prevalent a few months earlier. The Newtons leased a house in a trailer park owned by Enid and Fred Magill (defendants). The front door of the house opened onto a wooden walkway that was partly covered by an overhanging roof, but had no hand railing and no anti-slip material on its surface. Several months after moving in the house Darline slipped and fell on the walkway breaking her ankle. The Newtons filed suit against the Magills claiming the walkway had been slippery and hazardous for an extended period of time prior to the accident and that the Magills had a duty to remedy the condition but failed to do so. The Magills moved for summary judgment on the ground that the Newtons were responsible for the open and obvious slippery conditions on the premises resulting from rain. The trial court agreed and granted the Magills’ motion. The Newtons appealed.
Rule of Law
Issue
Holding and Reasoning (Matthews, J.)
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