322 P.3d 319
Idaho Ct. App.2014Background
- Landlord Hazel Marquardt owned a two-story house and rented the second-floor apartment; the apartment bedroom had a recessed dormer (11.5 x 7.5 ft) with no railings.
- Marquardt warned the tenant about the dormer’s lack of railings when the tenant moved in; no evidence landlord added or repaired railings.
- In Sept. 2009, plaintiff Twylla Robinson (a social guest of the tenant) visited the apartment, went onto the dormer doorway, tripped, fell ~12 feet, and fractured her femur.
- Robinson sued the landlord’s personal representative for negligence; defendant moved for summary judgment, which the district court granted.
- On appeal, the Court of Appeals affirmed summary judgment, holding the landlord owed no duty to the tenant’s social guest to make the dormer safe or to warn that extended beyond the tenant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed by landlord to tenant’s social guest (licensee) | Robinson: landlords owe a duty of reasonable care under the circumstances to social guests; duty should be extended. | Mueller: landlord owed only the narrower duty to warn the tenant; landlord warned tenant so no liability. | The landlord did not owe a duty of reasonable care to the tenant’s social guest; duty to warn was to the tenant, not to the guest. |
| Effect of landlord’s prior repairs on duty | Robinson: landlord’s prior repairs (carpet, dormer door) show landlord undertook maintenance and thus had duty to make premises safe. | Mueller: those repairs do not create a duty to make structural features (the dormer) safe. | Prior repairs did not create a duty to retrofit or make the dormer safe; no genuine issue of fact. |
| Argument to adopt a balancing-of-harms/expand duty | Robinson: courts should apply a general reasonable-care balancing test to extend landlord duties to licensees. | Mueller: Idaho precedent limits landlord duties; this court cannot expand law. | Court declined to expand duty; bound by Idaho Supreme Court precedent. |
| Attorney fees on appeal | Robinson: appeal pursued in good faith to extend law. | Mueller: appeal frivolous; seek fees under I.C. § 12-121 and I.A.R. 41. | Appeal presented unresolved issues in good faith; no attorney fees awarded, but costs to defendant. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard; burden on party opposing summary judgment)
- Harrison v. Taylor, 115 Idaho 588 (landlord/tenant liability and limits on landlord duty; discussion of invitees and tenant control)
- Stephens v. Stearns, 106 Idaho 249 (adopted landlord duty of reasonable care as to tenants; limited to landlord-tenant context)
- Keller v. Holiday Inns, Inc., 105 Idaho 649 (licensee/social guest standard: possessor must warn of known dangers)