Coburn v. Whitaker Construction Co.Annotate this Case
The Supreme Court affirmed the decision of the court of appeals upholding the ruling of the district court that orange construction netting that was strung across a public walking trial was an open and obvious danger and that the company that strung the netting across the trail owed Plaintiff no duty of care with respect to the netting, holding that, under the open and obvious danger rule, Defendant owed Plaintiff no duty of care.
When Plaintiff chose to step over the netting in this case her foot got caught in the netting and she fell to the ground, suffering injuries to her shoulder and arm. Plaintiff filed a negligence action against Defendant seeking damages for her injuries. The district court granted summary judgment for Defendant, concluding that Defendant did not owe Plaintiff a duty of care under the open and obvious danger rule. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Plaintiff did not meet her burden in persuading the Court to overturn Hale v. Beck stead, 116 P.3d 263 (Utah 2005), and abandon the open and obvious danger rule; and (2) under the open and obvious danger rule, Defendant owed Plaintiff no duty of care.