ROBERTSON v. MAGIC VALLEY REG. MED. CTR.

No. 17924.

793 P.2d 211 (1990)

117 Idaho 979

Deborah ROBERTSON, Plaintiff-Appellant, v. MAGIC VALLEY REGIONAL MEDICAL CENTER, Defendant-Respondent.

Supreme Court of Idaho.

May 29, 1990.


Attorney(s) appearing for the Case

McDevitt & Meyers, Pocatello, for plaintiff-appellant. Jerry R. Meyers, argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-respondent. John A. Bailey, Jr., argued.


JOHNSON, Justice.

This is a slip and fall case in which an invitee was injured in a parking lot where snow and ice had accumulated. Summary judgment was granted dismissing the complaint on the basis of the open and obvious danger doctrine. We hold that the open and obvious danger doctrine should not have been applied to this case and that the natural accumulation rule is not consistent with the comparative negligence law of this state.

I.

THE BACKGROUND...

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