Opinion
Case No. 20000688-CA.
Filed June 7, 2001. (Not For Official Publication)
Appeal from the First District, Logan Department, The Honorable Gordon J. Low.
Jan P. Malmberg and John Haslam Bailey, Logan, for Appellant.
James C. Jenkins and Robert B. Funk, Logan, for Appellee.
Before Judges Bench, Orme, and Thorne.
MEMORANDUM DECISION
The trial court granted summary judgment based on both contractual waiver of liability and specific warning of risk or hazard. Without even considering the exculpatory provision in the parties' contract, summary judgment is sustainable because of the specific warning.
There is no evidence properly in the record to indicate that Sports Academy was aware that the walkway was wet at the time and location Callan slipped and fell. Without knowledge of the dangerous condition, reasonable care requires nothing more than a warning. See Schnuphase v. Storehouse Mkt., 918 P.2d 476, 478 (Utah 1996) (stating that possessor of land is not liable for injury resulting from a temporarily unsafe condition unless possessor had knowledge of the condition and a reasonable amount of time to remedy the condition); see also Restatement (Second) of Torts § 343A cmt. f (1965) (stating that duty of reasonable care requires either warning invitee or making condition safe). Sports Academy warned users of the slip and fall dangers by posting a "Slippery When Wet" warning sign near the site where Callan was injured. Thus, Sports Academy fulfilled its duty of reasonable care by warning Callan of the dangerous condition.
Accordingly, we affirm.
Russell W. Bench, Judge.
WE CONCUR: Gregory K. Orme, Judge and William A. Thorne, Jr., Judge.