Ball v. CITY OF BLACKFOOT
273 P.3d 1266
Idaho2012Background
- Balls slipped on ice on sidewalk between pool and parking lot; JoAn Ball suffered multiple injuries.
- City moved for summary judgment arguing natural accumulation rule from Pearson; district court granted summary judgment.
- ITCA 6-903(1) subjects governmental entities to liability like private parties; district court did not apply this properly.
- Evidence included affidavits about ice melt, snow plowing, landscaping runoff, and inconsistent observations of maintenance.
- Court held Pearson abrogated for ITCA purposes and there are genuine issues of material fact as to the City’s negligence.
- Affidavits show conflicting inferences about whether the City maintained a reasonably safe premises; the issue should be decided by a jury.
- Court remanded; no attorney fees awarded on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pearson governs liability after ITCA. | Balls rely on Pearson to bar liability. | Pearson controls; no duty to address natural accumulation. | Pearson abrogated; ITCA allows liability. |
| Are there genuine issues of material fact as to negligence? | Evidence shows lack of ice melt near JoAn and snow runoff caused ice. | Affidavits show city maintained sidewalk and ice melt applied. | Yes; disputed facts preclude summary judgment. |
| What is the nature of the duty to invitees under the circumstances? | JoAn was an invitee; City owed reasonably safe premises. | Duty limited by disputed facts and open questions. | Duty exists; factual disputes remain. |
| Was the district court proper to strike/consider affidavits before summary judgment? | Affidavits raise material issues of fact. | Affidavits irrelevant under Pearson. | Threshold admissibility unresolved; remand for fact-finding. |
Key Cases Cited
- Pearson v. Boise City, 80 Idaho 494 (1959) (natural accumulation rule; municipalities not insurers of safety)
- Harrison v. Taylor, 115 Idaho 588 (1989) (ITCA abrogates open and obvious danger doctrine; duty to exercise ordinary care)
- Robertson v. Magic Valley Regional Medical Center, 117 Idaho 979 (1990) (ITCA abrogation of natural accumulation rule acknowledged)
- Montgomery v. Montgomery, 147 Idaho 1 (2009) (summary judgment threshold admissibility question)