Estate of Smith v. SalvesenAnnotate this Case
Plaintiff filed a complaint for negligence and wrongful death against Defendant, who owned and operated a guesthouse at which Plaintiff’s wife died. Plaintiff alleged that the guesthouse premises were unreasonably dangerous and that defects in the staircase of a bedroom were a proximate cause of his wife’s fatal injuries. The trial court entered summary judgment in favor of Defendant, concluding that Plaintiff failed to present a prima facie case that Defendant’s alleged negligence was a proximate cause of his wife’s fatal injuries. The Supreme Court affirmed, holding (1) the trial court did not err by disregarding certain statements in Plaintiff’s affidavit and the affidavit of his expert witness; and (2) the evidence could not not support a finding that Defendant’s allegedly unsafe premises bore a causal connection to Plaintiff’s wife’s injuries.