HARRISON v. TAYLOR

No. 17002.

768 P.2d 1321 (1989)

115 Idaho 588

Daniel H. HARRISON and Norma A. Harrison, husband and wife, Plaintiffs-Appellants, v. Tom TAYLOR and Jane Doe Taylor, Ed Struchen and Gloria Struchen, husband and wife, dba Ed's Office Products and Gloria's House in Bloom, John Does I thru V, Jane Does I thru V, and X, Y, Z, Corporations, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied March 17, 1989.


Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for plaintiffs-appellants. John R. Goodell argued.

Barrus, Bywater & Smyser, Burley, for defendant-respondent, Tom Taylor. Alfred E. Barrus argued.

Imhoff & Lynch, Boise, for defendant-respondent, Ed Struchen. Bradford M. Purdy argued.


BISTLINE, Justice.

This is a trip and fall case. The Harrisons brought a negligence action against the owner and lessor of a building for injuries sustained from a fall when her shoe allegedly caught the lip of a hole in a private sidewalk. The district court granted summary judgment for the defendants on the basis that the hole was an open and obvious danger.

On August 14, 1985, at about noon, plaintiff Norma Harrison and her husband made a business visit...

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