Medlock v. Van Wagner, No. 5413
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before ROSE, C. J., RAPER, THOMAS and ROONEY, JJ., and SAWYER; ROONEY |
| Citation | 625 P.2d 207 |
| Docket Number | No. 5413 |
| Decision Date | 19 March 1981 |
| Parties | Richard MEDLOCK, Appellant (Plaintiff), v. Greg VAN WAGNER, d/b/a Cimmaron Village Mobile Home Park, Appellee (Defendant). |
Page 207
v.
Greg VAN WAGNER, d/b/a Cimmaron Village Mobile Home Park, Appellee (Defendant).
Page 208
Cal Rerucha, Laramie, for appellant.
Douglas Madison, Dray, Madison & Thomson, P. C., Cheyenne, for appellee.
Before ROSE, C. J., RAPER, THOMAS and ROONEY, JJ., and SAWYER, District Judge.
ROONEY, Justice.
This action by appellant-plaintiff, a telephone installer, was predicated upon an injury which he suffered from a fall on some defective stairs at the rear entrance to a trailer house owned by appellee-defendant and rented to a third party. The material facts are not controverted, and a summary judgment was granted to appellee on the basis that he did not owe a duty to appellant with reference to the stairs. In his appeal from the summary judgment, appellant contends that there was such duty.
We affirm.
The trailer house which was rented to the third party (hereinafter referred to as "Mullins") was one of several owned by appellee and situated in a trailer park owned by him in Cheyenne. The rented trailers, including the one rented to Mullins, were provided with front stairs but not with rear stairs. The stairs involved herein were metal and were originally situated at the back door of Mullins' next door neighbor. This neighbor gave the stairs to Mullins and informed Mullins that two bolts were missing from the first stair. Mullins placed the stairs for use at the rear door of the trailer house rented by him without repairing them. Neither appellee nor any of his agents or employees knew that the stairs were defective or that they were being used by Mullins.
At Mullins' request, appellant went to the rental house trailer to install a telephone. While doing so, he fell on the defective rear stairs, occasioning the injuries upon which this action was predicated.
Appellant recognizes that tort liability must be based upon a duty, citing Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo., 526 P.2d 52 (1974). He contends that a duty to appellant, as a business invitee, was here imposed on appellee as a landlord, either by common law or by the lease between appellant and Mullins. 1 The determination of the existence of a duty is a matter of law and not the province of the jury. Maxted v. Pacific Car & Foundry Company, Wyo., 527 P.2d 832 (1974).
A careful review of the lease does not reflect the establishment of a...
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Allmaras v. Mudge, No. 90-275
...to be done on a day work basis. "Liability must be based upon duty." Thomas by Thomas, 702 P.2d at 1307; accord Medlock v. Van Wagner, 625 P.2d 207 (Wyo.1981). "If duty has not been established, there is no actionable negligence." Thomas by Thomas, 702 P.2d at 1307. Because it is unquestion......
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First Wyoming Bank, N.A., Jackson Hole v. Continental Ins. Co., No. 90-258
...of Gillette, 658 P.2d 697 (Wyo.1983). The determination of whether a duty exists is a matter of law. Thomas, supra; Medlock v. Van Wagner, 625 P.2d 207 In the present case, Plaintiffs have failed to allege all of the elements for a negligence action. First, Plaintiffs allege that Defendants......
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Brooks v. Zebre, No. 88-263
...(Wyo.1983); Moewes v. Farmer's Insurance Group, 641 P.2d 740 (Wyo.1982); Distad v. Cubin, 633 P.2d 167 (Wyo.1981); Medlock v. Van Wagner, 625 P.2d 207 (Wyo.1981); Beard v. Brown, 616 P.2d 726 (Wyo.1980); Maxted v. Pacific Car and Foundry Company, 527 P.2d 832 (Wyo.1974). With respect to que......
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Dubus v. Dresser Industries, No. 5648
...defendants owed to this plaintiff. The determination of the existence of a duty of care is a question of law. Medlock v. Van Wagner, Wyo., 625 P.2d 207 (1981), citing Maxted v. Pacific Car & Foundry Company, Wyo., 527 P.2d 832 (1974); Distad v. Cubin, Wyo., 633 P.2d 167 (1981). See also: Za......
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Allmaras v. Mudge, No. 90-275
...to be done on a day work basis. "Liability must be based upon duty." Thomas by Thomas, 702 P.2d at 1307; accord Medlock v. Van Wagner, 625 P.2d 207 (Wyo.1981). "If duty has not been established, there is no actionable negligence." Thomas by Thomas, 702 P.2d at 1307. Because it is unquestion......
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First Wyoming Bank, N.A., Jackson Hole v. Continental Ins. Co., No. 90-258
...of Gillette, 658 P.2d 697 (Wyo.1983). The determination of whether a duty exists is a matter of law. Thomas, supra; Medlock v. Van Wagner, 625 P.2d 207 In the present case, Plaintiffs have failed to allege all of the elements for a negligence action. First, Plaintiffs allege that Defendants......
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Brooks v. Zebre, No. 88-263
...(Wyo.1983); Moewes v. Farmer's Insurance Group, 641 P.2d 740 (Wyo.1982); Distad v. Cubin, 633 P.2d 167 (Wyo.1981); Medlock v. Van Wagner, 625 P.2d 207 (Wyo.1981); Beard v. Brown, 616 P.2d 726 (Wyo.1980); Maxted v. Pacific Car and Foundry Company, 527 P.2d 832 (Wyo.1974). With respect to que......
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Dubus v. Dresser Industries, No. 5648
...defendants owed to this plaintiff. The determination of the existence of a duty of care is a question of law. Medlock v. Van Wagner, Wyo., 625 P.2d 207 (1981), citing Maxted v. Pacific Car & Foundry Company, Wyo., 527 P.2d 832 (1974); Distad v. Cubin, Wyo., 633 P.2d 167 (1981). See also: Za......