Marilyn R. Davis v. R C & Sons Paving, Inc.
Annotate this CaseMarilyn Davis, a hospital employee, was injured when she slipped and fell in the hospital parking lot. The hospital had contracted with Defendants R C & Sons to plow and sand all of its parking areas. At the time Davis was injured, Defendants had not sanded the parking lot. Davis brought suit against Defendants, alleging negligence. Defendants filed a motion for summary judgment, claiming it did not owe Davis a duty of care because Davis was not a third party beneficiary or intended beneficiary of the snow removal agreement. The superior court granted summary judgment in favor of Defendants. On review, the Supreme Court affirmed but on other grounds, holding (1) because Davis was not seeking to enforce the snow removal agreement between the hospital and Defendants, Davis's status as a third-party beneficiary of the agreement was immaterial; and (2) because Davis failed to generate a genuine issue of fact demonstrating the Defendants negligently created a dangerous condition, and because Davis alleged no other grounds to support the imposition of a duty of care, summary judgment was properly granted in favor of Defendants.
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