Anderson v. Duncan

968 P.2d 440, 1998 Wyo. LEXIS 164, 1998 WL 839177
CourtWyoming Supreme Court
DecidedDecember 7, 1998
Docket98-153
StatusPublished
Cited by12 cases

This text of 968 P.2d 440 (Anderson v. Duncan) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Duncan, 968 P.2d 440, 1998 Wyo. LEXIS 164, 1998 WL 839177 (Wyo. 1998).

Opinion

MACY, Justice.

Appellant Gloria Anderson appeals from the order in which the trial court granted *441 Appellees Kenneth Duncan and Patty Duncan’s motion for a judgment as a matter of law upon finding that a causal connection did not exist between Anderson’s slip and fall and the condition of the Duncans’ property.

We affirm.

ISSUES

Anderson presents two issues in her appeal:

1. Did the trial court err in granting Appellees’ Motion for Judgment as a Matter of Law?
2. Did the trial court err in refusing to admit Appellant’s x-ray exhibits?

FACTS

The Duncans owned a house in Wheatland. A sidewalk ran from the front entry of the house to the street, and two concrete stairs were located at the far end of the sidewalk, near the street. At one time, handrails were located on the sides of the stairs, but one handrail was removed before the Duncans acquired the property. A lamp on a post was located adjacent to the stairs. The cover on the lamp had been damaged in a storm, so the Duncans removed the cover to have it repaired. They also removed the light bulb from the lamp even though the lamp was still functional. Large trees with dense foliage were located on the Duncan property near the sidewalk,' and apparently some crab apple trees were also located in the vicinity.

The Duncans and Alvera Prewitt entered into an oral contract for Prewitt to purchase the Duncans’ house, and the Duncans allowed Prewitt to move into the house before the sale closed. Anderson helped Prewitt move into the Duncans’ house on August 15, 1996. During the course of the day, Anderson consumed one alcoholic drink plus part of a second alcoholic drink. She ate dinner that night with Prewitt and other members of Prewitt’s family. When Anderson left the Duncans’ house .after dinner, it was dark outside. She walked down the sidewalk and fell, landing near the stairs at the far end of the sidewalk. Anderson broke her ankle when she fell.

On January 29, 1997, Anderson filed a complaint in the district court, asserting that the Duncans were negligent because they did not maintain their property in a reasonably safe condition. Specifically, Anderson claimed that the Duncans: failed to keep the trees trimmed so that they did not block the light that might have illuminated the sidewalk and the stairs; failed to keep the lamp on the post operable; and failed to replace the handrail next to the stairs.

The trial court held a jury trial on Anderson’s negligence claim on March 11, 1998. After Anderson rested her ease on the liability issue, the Duncans presented a motion for a judgment as a matter of law, claiming that Anderson failed to present evidence showing a causal connection existed between their allegedly negligent acts and her fall. The trial court granted their motion, and Anderson appealed to this Court.

DISCUSSION

Anderson asserts that the trial court erred by granting a judgment as a matter of law in favor of the Duncans. Although her argument is somewhat difficult to understand, Anderson apparently contends that the evidence presented at the trial justified submitting the case to the jury. We do not agree with Anderson; the trial court properly granted a judgment as a matter of law in favor of the Duncans.

W.R.C.P. 50(a) provides:

(a) Judgment as a Matter of Law.
(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.
(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought *442 and the law and the facts on which the moving party is entitled to the judgment.

In reviewing a judgment as a matter of law, we evaluate the record without affording deference to the trial court’s views. John Q. Hammons Inc. v. Poletis, 954 P.2d 1353, 1356 (Wyo.1998); Hatch v. State Farm Fire and Casualty Company, 930 P.2d 382, 395 (Wyo.1997). A judgment as a matter of law is appropriate when reasonable jurors could reach but one conclusion as to the verdict. Hatch, 930 P.2d at 395. We regard the nonmoving party’s evidence as being true, and we give that party the benefit of all reasonable inferences that may be drawn from the evidence. Garaman, Inc. v. Williams, 912 P.2d 1121, 1123 (Wyo.1996). Additionally, we do not weigh the evidence or assess the credibility of the witnesses. John Q. Hammons Inc., 954 P.2d at 1356. A judgment as a matter of law deprives the opposing party of the opportunity to have the jury determine the facts, and the court should, therefore, use caution in granting such a judgment. Id.; Hatch, 930 P.2d at 395.

The elements of a negligence claim are: (1) the defendant owed a duty to the plaintiff; (2) the defendant breached that duty; (3) the defendant’s breach of his duty was the proximate cause of the plaintiffs injuries; and (4) the plaintiff was injured. Turcq v. Shanahan, 950 P.2d 47, 51 (Wyo.1997); Daily v. Bone, 906 P.2d 1039, 1043 (Wyo.1995). A plaintiff has the burden of proving all four elements of his negligence claim. Vasquez By and Through Vasquez v. Wal-Mart Stores, Inc., 913 P.2d 441, 443 (Wyo.1996). The trial court determined that Anderson did not satisfy the causation element of her negligence claim against the Duncans.

Legal causation is defined as conduct that “is a substantial factor in bringing about the plaintiffs injuries.” Natural Gas Processing Co. v. Hull, 886 P.2d 1181, 1186 (Wyo.1994). See also Turcq, 950 P.2d at 51.

[I]f the conduct is “that cause which in natural and continuous sequence, unbroken by a sufficient intervening cause produces the injury, without which the result would not have occurred,” it must be identified as a substantial factor in bringing about the harm. If, however, it created only a condition or occasion for the harm to occur then it would be regarded as a remote, not a proximate, cause, and would not be a substantial factor in bringing about the harm.

Buckley v. Bell,

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Cite This Page — Counsel Stack

Bluebook (online)
968 P.2d 440, 1998 Wyo. LEXIS 164, 1998 WL 839177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-duncan-wyo-1998.