For Your Data Merrill V. Jansma Representative Brief
September 01, 2019
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Merrill v. Jansma case brief summary
86 P.3d 270 (2004)
CASE FACTS
A front end pace became liberate during the fourth dimension a tenant rented a mobile habitation from the landlord. The tenant informed the director of the belongings that the pace was loose. The director attempted to repair the step, nonetheless that travail was unsuccessful. The visitor, the woman raise of the tenant, injured her right shoulder when she savage every bit she was climbing the front end steps.
DISCUSSION
The courtroom reversed the summary judgment in addition to remanded the example for farther proceedings.
See also: Merrill v. Jansma example (full text) on Google Scholar.
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86 P.3d 270 (2004)
CASE SYNOPSIS
Appellant visitor sought review of a summary judgment ruling of the District Court of Park County (Wyoming), which had dismissed her claims for personal injury that resulted from a autumn on rental belongings belonging to appellee landlord. The district courtroom ruled that the landlord owed no duty to the visitor nether the Residential Rental Property Act, Wyoming Statute §1-21-1202 (2001).Baca Juga
A front end pace became liberate during the fourth dimension a tenant rented a mobile habitation from the landlord. The tenant informed the director of the belongings that the pace was loose. The director attempted to repair the step, nonetheless that travail was unsuccessful. The visitor, the woman raise of the tenant, injured her right shoulder when she savage every bit she was climbing the front end steps.
DISCUSSION
- The courtroom held that, alongside the enactment of the Act, Wyoming joined the bulk of other states past times modifying the dominion of landlord immunity in addition to imposing a duty on owners of rental belongings to hold them inwards a safe, sanitary, in addition to habitable condition.
- This duty gave rising to a novel measure of attention applicable inwards personal injury cases, which was reasonable attention nether the circumstances.
- Upon establishing a breach of this measure proximately caused the injury, the injured political party was in addition to so entitled to seek out whatever damages that were recoverable inwards a personal injury claim.
- The remedies provided for inwards the Act were express to cases where corrective activity was sought in addition to the remedies did non apply to personal injury actions.
- The tenant's failure to render written give away of the broken step, every bit required under Wyoming Statute §1-21-1203(b), hence did non forbid the visitor's claim.
The courtroom reversed the summary judgment in addition to remanded the example for farther proceedings.
See also: Merrill v. Jansma example (full text) on Google Scholar.
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