Wyso v. Full Moon Tide, LLC

Plaintiff was allegedly injured when he tripped and fell on a public sidewalk that was uneven and filled with cracks. Plaintiff sued the owner of the property that abutted the sidewalk and the property's tenants (collectively, Defendants), alleging negligence. The trial justice granted the Defendants' motion for summary judgment, concluding that Plaintiff had not raised a genuine issue of material fact and had failed to demonstrate that Defendants owed Plaintiff a duty of care or a duty to warn. The Supreme Court affirmed, holding that Defendants did not owe Plaintiff a duty of care because (1) Plaintiff's injuries occurred on a public sidewalk that was not within Defendants' control or possession; and (2) a property owner who owes no duty of care to an individual also owes no duty to warn those individuals. View "Wyso v. Full Moon Tide, LLC" on Justia Law