Gagnon v. Western Building Maintenance, Inc.
306 P.3d 197
Idaho2013Background
- Western provided janitorial and snow removal services to Wells Fargo under a contract (Dec 1, 2004–Nov 30, 2006) with detailed Snow Removal Specifications.
- Oral continuation of the contract after expiration kept the same terms, including snow removal and potential ice melt practices.
- Written specifications required clearing all parking areas and sidewalks when two inches of snow accumulated and using ice melt when necessary, with ATM vicinity kept clear 7 days a week.
- On Dec 5, 2007, Gagnon, Wells Fargo employee at the Hayden branch, slipped on black ice in the parking lot and was injured.
- Gagnon sued Western alleging a duty to maintain a safe parking lot; Western moved for summary judgment arguing no duty to spread ice melt when less than two inches of snow.
- The district court granted summary judgment, holding no duty to spread ice melt on days with less than two inches of snow; Western's evidence showed no frozen authority to melt at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Western owe a duty to spread ice melt? | Gagnon contends contract/continuation created duty to inspect and clear ice. | Western argues no tort duty arises from contract; no authorization to ice-melt in 2007–08. | No duty; contract not a tort duty; no reliance evidence to support duty. |
Key Cases Cited
- Baccus v. Ameripride Servs., Inc., 145 Idaho 346 (2008) (contract breach alone not a tort duty; reliance may create duty)
- Turpen v. Granieri, 133 Idaho 244 (1999) (duty in negligence is legal question; elements of negligence)
- Rountree v. Boise Baseball, LLC, 154 Idaho 167 (2013) (duty to prevent foreseeable risks in business context)
- Boise Mode, LLC v. Donahoe Pace & Partners Ltd., 154 Idaho 99 (2013) (free review standard for summary judgment)