MERRILL V. JANSMA
86 P.3d 270 (2004)
NATURE OF THE CASE: Merrill (P) sought review of a summary judgment which dismissed her
claims for personal injury resulting from a fall on rental property belonging to Jansma (D),
landlord. The district court ruled that, as a matter of law, the landlord owed no duty to
the visitor under the Residential Rental Property Act.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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