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McDEVITT v. SPORTSMAN'S WAREHOUSE, INC.

No. 37244.

255 P.3d 1166 (2011)

Eileen Ann McDEVITT, Plaintiff-Appellant, v. SPORTSMAN'S WAREHOUSE, INC., Defendant-Respondent, and Canyon Park Management I, Inc., an Idaho corporation; Canyon Park, LLC, an Idaho limited liability company; Canyon Park Development, LLC, an Idaho limited liability company; Neilson & Company, LLC an Idaho limited liability company; Eckman Mitchell Construction, LLC, a Utah limited liability company; John Doe and Jane Doe, husband and wife, I through X, and Business Entities I through X, Defendants.

Supreme Court of Idaho, Boise, May 2011 Term.

May 27, 2011.

Attorney(s) appearing for the Case

Jeffrey J. Hepworth , P.A. & Associates, Twin Falls, for Appellant. Jeffrey J. Hepworth argued.

Carey Perkins , Idaho Falls, for Respondent. Jeremy D. Brown argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Eileen Ann McDevitt tripped and fell on a recessed irrigation box on the sidewalk outside Sportsman's Warehouse ("Sportsman's"), located in a shopping center in Twin Falls, Idaho. She brought suit against Sportsman's and several other defendants to recover for her injuries. The district court granted summary judgment to Sportsman's, finding that as a tenant in a multi-tenant shopping center, Sportsman's owed no duty...

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