Callan v. Sports Academy

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Callan v. Sports Academy, Case No. 20000688-CA, Filed June 7, 2001 IN THE UTAH COURT OF APPEALS

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Roze Callan,
Plaintiff and Appellant,

v.

Sports Academy, Inc.,
Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000688-CA

F I L E D
June 7, 2001 2001 UT App 184 -----

First District, Logan Department
The Honorable Gordon J. Low

Attorneys:
Jan P. Malmberg and John Haslam Bailey, Logan, for Appellant
James C. Jenkins and Robert B. Funk, Logan, for Appellee

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Before Judges Bench, Orme, and Thorne.

BENCH, Judge:

The trial court granted summary judgment based on both contractual waiver of liability and specific warning of risk or hazard. Without even considering the exculpatory provision in the parties' contract, summary judgment is sustainable because of the specific warning.

There is no evidence properly in the record to indicate that Sports Academy was aware that the walkway was wet at the time and location Callan slipped and fell. Without knowledge of the dangerous condition, reasonable care requires nothing more than a warning. See Schnuphase v. Storehouse Mkt., 918 P.2d 476, 478 (Utah 1996) (stating that possessor of land is not liable for injury resulting from a temporarily unsafe condition unless possessor had knowledge of the condition and a reasonable amount of time to remedy the condition); see also Restatement (Second) of Torts § 343A cmt. f (1965) (stating that duty of reasonable care requires either warning invitee or making condition safe). Sports Academy warned users of the slip and fall dangers by posting a "Slippery When Wet" warning sign near the site where

Callan was injured. Thus, Sports Academy fulfilled its duty of reasonable care by warning Callan of the dangerous condition.

Accordingly, we affirm.
 
 

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Russell W. Bench, Judge -----

WE CONCUR:
 
 

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Gregory K. Orme, Judge
 
 

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William A. Thorne, Jr., Judge