Jones v. Hansen

867 P.2d 303 (1994)

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Nature of the Case

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Facts

P was invited to play bridge in Ds' home. When P had the dummy hand, she began looking at Ds' artwork. D told her that there were more paintings in another room. That room was adjacent to the one in which bridge was being played, and it was dimly lit. P testified she had to be within a foot of the paintings to see them. She did not ask Ds where the light switch was located. There were two table lamps, one floor lamp, and eight ceiling floodlights available in the room. Only the floor lamp was lit. It was the first time P had been in the home. P fell down a flight of stairs and was severely injured. The stairwell was blocked off on two sides with a 33-inch-high bookcase, which Ds placed there to prevent people from just walking into the stairwell. There were three paintings hung on the wall above the stairwell. The paintings had hung at that location since 1977, and no one other than P has been injured on the stairway. P appeals from a summary judgment entered in favor of Ds. Summary judgment was based upon the undisputed facts and the court's conclusion that Ds did not breach the duty to refrain from wilfully, wantonly, or recklessly injuring P.