Patitucci v. City of Hill City
Annotate this CasePlaintiff was injured while walking on a sidewalk abutting a Granite Sports, a sporting goods store in Hill City. The sidewalk also abutted a state/federal highway. Plaintiff and her husband sued Granite Sports and the City for negligence. The circuit court granted summary judgment for Defendants, concluding that neither owed a duty to Plaintiffs to keep the sidewalk reasonably safe. The Supreme Court (1) reversed the summary judgment granted in favor of the City, holding that the City had sufficient control of the sidewalk to charge it with the affirmative duty of keeping its sidewalks in a reasonably safe condition for public travel; and (2) affirmed the summary judgment granted in favor of Granite Sports, holding that the store did not have the general duty to keep the sidewalk reasonably safe in this case, and it thus did not have the lesser included duty to warn. Remanded.
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