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Patricia Saltsman v. Lisa Sharp

September 7, 2011

PATRICIA SALTSMAN,
PLAINTIFF AND APPELLANT
v.
LISA SHARP,
DEFENDANT AND
ED HASCHE,
DEFENDANT AND APPELLEE



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme Court

Saltsman v. Sharp,

This opinion is subject to petition for rehearing. [Go to Documents]

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2011 ND 172

REVERSED AND REMANDED.

Opinion of the Court by Kapsner, Justice. David S.

Saltsman v. SharpNo. 20100404

[¶1] Patricia Saltsman appealed the district court summary judgment and dismissal of her case against Ed Hasche. Saltsman argued the district court erroneously decided Hasche, a landowner, did not owe a duty toward Saltsman as a lawful entrant on Hasche's land. Saltsman also argued the district court made improper findings of fact to support the summary judgment in favor of Hasche. We reverse the summary judgment in favor of Hasche, and we remand for further proceedings in accordance with this opinion.

I

[¶2] Saltsman rode her bicycle on a sidewalk next to an apartment building and parking lot owned by Hasche. Hasche had constructed a chain-link fence with vertical "privacy slats" parallel to the sidewalk in order to provide more privacy for the tenants who parked their vehicles in the parking lot next to the apartment building. Lisa Sharp, traveling in a vehicle, exited the building's parking lot and stopped in the driveway while across the sidewalk. Saltsman collided with Sharp's vehicle and sustained injuries.

[ΒΆ3] Saltsman sued Sharp and Hasche to recover for her personal injuries. Saltsman and Sharp settled, and the case against Sharp was dismissed. Saltsman's suit against Hasche continued. Saltsman alleged Hasche was negligent in maintaining his property, and the fence obstructed the view of drivers exiting the parking lot and of persons on the sidewalk unable to see if a vehicle was exiting. Hasche moved for summary judgment. On the issue of whether he owed a duty toward Saltsman, Hasche argued Saltsman was not on his property when she was injured, she was not directly injured by his property, his fence was lawful, and no special relationship existed between Hasche and Saltsman that would create a duty. In reply, Saltsman argued Hasche owed a duty to her to maintain his property in a reasonably safe condition because he was a landowner and she was a lawful entrant on his property. The district court granted the motion ...


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