Allen v. Slim Pickens Enterprises, No. 88-314
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and PATRICK; URBIGKIT |
| Citation | 777 P.2d 79 |
| Parties | Rex ALLEN and Jeannine Allen, Appellants (Plaintiffs), v. SLIM PICKENS ENTERPRISES, a California corporation, and Maggie Lindley Pickens, a/k/a Margaret Elizabeth Lindley, Appellees (Defendants). |
| Decision Date | 28 July 1989 |
| Docket Number | No. 88-314 |
Page 79
v.
SLIM PICKENS ENTERPRISES, a California corporation, and Maggie Lindley Pickens, a/k/a Margaret Elizabeth Lindley, Appellees (Defendants).
Stephen E. Weichman and William R. Fix of William R. Fix, P.C., Jackson, for appellants.
William T. Schwartz and William S. Bon of Schwartz, Bon, McCrary & Walker, Casper, for appellee Slim Pickens Enterprises, Inc.
Richard E. Day and Richard L. Williams of Williams, Porter, Day & Neville, P.C., Casper, for appellee Margaret Elizabeth Lindley.
Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and PATRICK, District Judge.
URBIGKIT, Justice.
Cowboy singer Rex Allen (Allen), then on his honeymoon, stopped at the Boulder Lake, Wyoming cabin of his long-time friend, Slim Pickens (Pickens). By association in prior years, Pickens had extended an open invitation to Allen to visit at any time and had apparently told Allen where the house key was secreted. Failing to find the key and falling on overgrown grass in the steps of the unoccupied cabin, Allen suffered injury which ultimately resulted in the loss of sight in one eye. Within this relationship and following the severe slip and fall injury, we are presented with a summary judgment denial of damage.
We affirm in analysis of the presented question of negligence and scope of duty of the property owner. Intrinsically involved is Allen's contention of failure:
Page 80
[T]o maintain the stairway where the Appellant was injured in a reasonably safe condition, the Appellees failed to provide adequate maintenance of the stairway, the Appellees failed to warn of the unsafe condition existing upon the stairway, and that the Appellees were otherwise negligent in the management and maintenance of the stairway.[ 1
Pickens, a nationally known actor, owned a summer retreat cabin at Boulder Lake in the mountains near Pinedale, Wyoming. Title to the property had been transferred to Slim Pickens Enterprises, a California corporation, which constitutes one of the two appellees in this case and the heirs of the deceased Pickens constitutes the additional appellees in present appeal. In general practice, the cabin was closed and winterized in the fall and reopened in the spring with the arrival of suitable weather for summer use when the utilities were turned on and yard grass surrounding the structure cut. Allen had visited the cabin in prior years and an open invitation to "stop by" with included instructions as to where a hidden key to the cabin might be found had been extended.
In the year of the accident, 1983, Pickens was seriously ill and the cabin had not been reopened for use. As a result, weeds and grass had grown up around the walkways and stairs, as well as the yard area. According to the record as accurately outlined in appellee Margaret Elizabeth Lindley's brief:
Every fall, the Pickens cabin was winterized, which included disconnecting the electricity, and draining the water. When someone was going to use the cabin, including Slim Pickens and Mrs. Lindley, they would call in advance to have the cabin opened up and the utilities connected. This included having the grass mowed, the cabin cleaned, and linens brought out. The cabin was not habitable after it had been winterized. * * *
* * * No one in the Pickens family used the Pickens cabin during the year 1983, since Slim Pickens was very, very ill at that time. * * * Slim Pickens died in 1983. * * *
* * * Since no one in the Pickens family used the cabin in 1983, and no guests had called to request to use the cabin, the cabin remained winterized during the summer of 1983, and the native grass around the cabin had not been mowed. * * *
* * * According to Mr. Allen, Slim Pickens had told him many times that if Mr. Allen was going to be in the area, he was free to come and stay at the Pickens cabin. * * * Although Mrs. Lindley was not aware of this open invitation, she does not doubt Mr. Allen's word with respect to this invitation. * * *
* * * Mr. Allen had no specific discussion with either Slim Pickens or his wife, Mrs. Lindley, about staying at the Pickens cabin in July of 1983, and in fact Mr. Allen doubted that either Slim Pickens or his wife even knew that he was going to be in the area at that time. * * *
For the occurrence itself and on the date of the slip and fall accident, Mrs. Lindley summarizes:
In July of 1983, Mr. Allen and his wife were driving in a motorhome from a...
To continue reading
Request your trial
-
Eiselein v. K-Mart, Inc., K-MAR
...friend who, when the owner is away, drops by for a stay and slips and falls on the naturally growing grass, Allen v. Slim Pickens Enter., 777 P.2d 79 (Wyo.1989)? Would the county that operates the garbage pit now owe a duty to modify the wall along one edge of the pit to prevent a citizen u......
-
Clarke v. Beckwith, No. 92-288
...as being trespassers rather than as being invitees or licensees. Our decision today was presaged by Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo.1989). We indicated in that case: "The key to the creation of a duty to the invitees on the premises is foreseeability." 777 P.2d at 82 (ci......
-
Seaton v. State of Wyo. Highway Com'n, Dist. No. 1, No. 88-284
...liability. The key to the creation of a duty to the invitee on the premises is foreseeability. Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo.1989). The actual instruction given is compatible with the broadly based instruction and standard adopted in Idaho before an immunity change In ......
-
Williams v. Plains Tire & Battery Co., S-17-0092
...dangers, Radosevich v. Board of Cty. Comm'rs of Cty. of Sweetwater, 776 P.2d 747 (Wyo. 1989). See also Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo. 1989) (the owner of a vacant cabin owed no duty to an unexpected visitor to remove naturally growing grass around the steps).[¶22] In s......
-
Eiselein v. K-Mart, Inc., K-MAR
...friend who, when the owner is away, drops by for a stay and slips and falls on the naturally growing grass, Allen v. Slim Pickens Enter., 777 P.2d 79 (Wyo.1989)? Would the county that operates the garbage pit now owe a duty to modify the wall along one edge of the pit to prevent a citizen u......
-
Clarke v. Beckwith, No. 92-288
...as being trespassers rather than as being invitees or licensees. Our decision today was presaged by Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo.1989). We indicated in that case: "The key to the creation of a duty to the invitees on the premises is foreseeability." 777 P.2d at 82 (ci......
-
Seaton v. State of Wyo. Highway Com'n, Dist. No. 1, No. 88-284
...liability. The key to the creation of a duty to the invitee on the premises is foreseeability. Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo.1989). The actual instruction given is compatible with the broadly based instruction and standard adopted in Idaho before an immunity change In ......
-
Williams v. Plains Tire & Battery Co., S-17-0092
...dangers, Radosevich v. Board of Cty. Comm'rs of Cty. of Sweetwater, 776 P.2d 747 (Wyo. 1989). See also Allen v. Slim Pickens Enterprises, 777 P.2d 79 (Wyo. 1989) (the owner of a vacant cabin owed no duty to an unexpected visitor to remove naturally growing grass around the steps).[¶22] In s......