NEWTON V. MAGILL
872 P.2d 1213 (1994)
NATURE OF THE CASE: Newton (P) appealed a summary judgment for Magill (D) in P's action
for personal injury.
FACTS: P leased a house in a trailer park owned by D. The front door of the house opened
onto a wooden walkway. The walkway was partly covered by an overhanging roof, had no hand
railing, and no 'anti-slip' material on its surface. P slipped and fell on the walkway,
breaking her ankle. P sued D claiming that the walkway had been slippery and hazardous for a
considerable period of time prior to the accident, that D had a duty to remedy its
condition, and that they negligently failed to do so. D moved for summary judgment and that
Ps were responsible for 'any slippery conditions resulting from rain' under both the common
law and the Uniform Residential Landlord and Tenant Act (URLTA) as adopted in Alaska. D also
argued that they could not be liable under a latent defect theory because the walkway was
not defective; further, even assuming that it had a tendency to become dangerously slippery
when wet, this hazard should have been obvious to the tenants. The superior court granted
the motion ruling that P had the duty to keep the entryway in a clean and safe condition and
D could not have breached P's duty. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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