Summary
stating that an abutting landowner's duty arises only when he "creates through use or otherwise some unsafe or dangerous condition"
Summary of this case from Smith v. Bank of UtahOpinion
No. 11304.
February 3, 1969.
Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson, J.
Bernard L. Rose, Salt Lake City, for plaintiff and appellant.
D. Gary Christian, of Kipp Charlier, Jay E. Jensen, of Christensen Jensen, Salt Lake City, for defendants and respondents.
Plaintiff filed a complaint in which she seeks damages for injuries sustained in a fall due to a defect in a public sidewalk. The fall occurred after she had left the premises of defendant, Douglas Optical Company, lessee of Granite Holding Company, owner of the building which abutted the sidewalk. The trial court granted summary judgment in favor of defendants and plaintiff appeals therefrom.
The case of Basinger v. Standard Furniture is dispositive of this case. In Basinger this court stated:
118 Utah 121, 220 P.2d 117 (1950); see also 88 A.L.R.2d 331.
There exists no obligation on the part of an abutter to keep the sidewalk adjoining his premises in repair, nor is he liable for any state of disrepair. His obligation can only arise where he creates through use or otherwise some unsafe or dangerous condition.
There was no allegation to this effect in plaintiff's complaint.
The foregoing rule of law is applicable even though the injured person was a business invitee.
Gossler v. Miller, 107 N.H. 303, 221 A.2d 249 (1966); Sipprell v. Merner Motors, 164 Neb. 447, 82 N.W.2d 648 (1957); Miller v. Welworth Theatres, 272 Wis. 355, 75 N.W.2d 286 (1956).
Affirmed. Costs to respondents.
CROCKETT, C. J., and TUCKETT, HENRIOD, and ELLETT, JJ. concur.