Case Analysis

Harder V. Auberge Des Fougeres

46 App. Div. 2d 98, 338 N.Y.S. 2d 356 (3rd Dept. 1972)

Facts:

On February 20, 1993, Ms. Wiseman who is a plaintiff in this case traveled to Reno and arrived at the Colonial Inn Hotel and Casino to stay there. When she arrived at, the sidewalk in front of the Colonial was clean. The next morning, the bus driver positioned bus at the Colonial’s front entrance. Even though, he noticed some patches of ice all over the sidewalk, he did not alter the condition of the sidewalk because he felt that the passengers could safely walk if they walked with caution. However, Wiseman slipped and fell while crossing the city-owned sidewalk. Since 1978, it had been customary for the Colonial cleaning staff to clean the city-owned sidewalk each morning. The cleaning staff typically began cleaning the front entrance around 8:30 a.m. One of cleaning staff planned to clean the sidewalk that morning, but the work was not completed because Wiseman’s bus had arrived early. As a result of the slip and fall, Wiseman was unable to return to work and subsequently underwent two shoulder surgeries. The company that she engaged in, State Farm fired Wiseman because she was out of work for more than one year. Ms. Wiseman filed a lawsuit against Colonial Inn Hotel & Casino, but the District Court directed verdict for Colonial. Ms. Wiseman appealed.

Issue:

Does Colonial have duty to keep sidewalk in reasonably safe condition?

Was there any special use of the sidewalk by Colonial that created hazard beyond normal atmospheric conditions?

Rule:

In Nevada, “an abutting property owner or occupant is under no duty to keep the sidewalk in front of his property