Ault v. Del Var Properties, LLC

• Court: Oregon Court of Appeals
• Area(s) of Law: Tort Law
• Date Filed: 10-26-2016
• Case #: A158432
• Judge(s)/Court Below: DeHoog, J. for the Court; Sercombe P. J.; & Hadlock C.J.

At summary judgment on a premises liability claim, a plaintiff is not required to prove that the injury-causing condition on defendant's property was "unreasonably dangerous."

Plaintiff brought a negligence claim against Del Var Properties, LLC, and Eagle Point Mini Storage, LLC after tripping over an uneven payment edge of a sidewalk while going to drop off a rental check at Defendants' office building and sustained substantial injuries. Plaintiff appealed the granting of summary judgment for Defendants. Plaintiff assigned error to the trial court's requirement that Plaintiff prove that the sidewalk was "unreasonably dangerous" and claimed that it does not have to be proven to survive summary judgment. The Court agreed because the claim did not depend on proving an unreasonably dangerous condition. The Court also found that the jury could find that the uneven pavement edges were not expected by Plaintiff. Reversed and Remanded

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