Merrill v. Jansma

86 P.3d 270 (2004)

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Nature of the Case

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Facts

P injured her right shoulder when she fell as she was ascending the front steps leading to the porch and front door of the mobile home her daughter. The mobile home was rented from D. The step became loose during the time the daughter rented the home. The daughter attempted to repair the step by securing it with nails. When that failed, she informed the manager of the property that the step was loose. The manager suggested screws to secure the step. The daughter told the manager she did not have a screw gun. The manager had one and said she would screw the step into place. The manager attempted to repair the step. The effort was unsuccessful, and Pl fell when the step separated from the porch as she stepped on it. P sued D in negligence alleging D knew or reasonably should have known the step was dangerous and failed to exercise reasonable care to alleviate the danger. D also owed a duty of care to her as a visitor to the rental property. P sought damages for the injuries she sustained in the fall from the step, including medical expenses, lost earnings and damages for emotional distress and pain and suffering. D filed a motion for summary judgment, claiming she owed no legal duty to P. The motion for summary judgment was granted: as a matter of law, D had no legal duty to P under either the Residential Rental Property Act or the common law as set forth in § 362 of the Restatement. This appeal resulted.