Crossgrove v. Stan Checketts Properties, LLC

2015 UT App 35, 344 P.3d 1163, 780 Utah Adv. Rep. 17, 2015 Utah App. LEXIS 40, 2015 WL 737104
CourtCourt of Appeals of Utah
DecidedFebruary 20, 2015
DocketNo. 20130814-CA
StatusPublished
Cited by7 cases

This text of 2015 UT App 35 (Crossgrove v. Stan Checketts Properties, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crossgrove v. Stan Checketts Properties, LLC, 2015 UT App 35, 344 P.3d 1163, 780 Utah Adv. Rep. 17, 2015 Utah App. LEXIS 40, 2015 WL 737104 (Utah Ct. App. 2015).

Opinion

Memorandum Decision

CHRISTIANSEN, Judge:

1 1 Marcia J. Crossgrove was injured when she slipped and fell in an icy parking lot while retrieving office mail for S & S Worldwide, Inc., her employer. S & S leased its building and the use of the adjacent parking lot from Stan Checketts Properties, LLC (Checketts). Mrs. Crossgrove and her husband filed suit against Checketts for negli-genee and loss of consortium, alleging that Checketts had a duty to maintain the parking lot and had failed to reasonably do so. Checketts moved for summary judgment, arguing that it owed no duty to Mrs. Cross-grove, because S & S, not Checketts, was in possession of the parking lot at the time of the accident. The district court agreed with Checketts and granted its motion for summary judgment. The Crossgroves appeal.

12 A district court may grant summary judgment only when "there is no genuine issue as to any material fact" and "the moving party is entitled to a judgment as a matter of law." Utah R. Civ. P. 56(c). "We review the trial court's summary judgment for correctness, considering only whether the | trial court correctly applied the law and correctly concluded that no disputed issues of material fact existed." Hermansen v. Tasulis 2002 UT 52, ¶ 10, 48 P.3d 235. In reviewing a grant of summary judgment, "we view the facts and all reasonable inferences drawn therefrom in the light most favorable to the non-moving party." Id. (citation and internal quotation marks omitted).

13 To prevail on a negligence claim, a plaintiff must establish "(1) that the defendant owed the plaintiff a duty, (2) that the defendant breached that duty, (8) that the breach of duty was the proximate cause of the plaintiff's injury, and (4) that the plaintiff in fact suffered injuries or damages." Torrie v. Weber County, 2013 UT 48, ¶ 9, 309 P.3d 216 (citation and internal quotation marks omitted). The district court must decide as a matter of law whether a duty exists. Id. If the district court determines that the defendant owed no duty to the plaintiff, "there can be no negligence as a matter of law, and summary judgment is appropriate." Tallman v. City of Hurricane, 1999 UT 55, ¶ 5, 985 P.2d 892 (citation and internal quotation marks omitted).

14 Here, the district court concluded that Checketts owed no duty to Mrs. Crossgrove, because S & S was in possession of the parking lot at the time of the accident and the icy condition that led to her injuries did not exist at the time Checketts transferred possession to S & S. "Our supreme court has held that 'it is the tenant who is liable for any dangerous condition on the premises which he creates or permits to come into existence after he has taken possession.'" Dahlstrom v. Nass, 2005 UT App 433, ¶ 10, 126 P.3d 773 (emphases omitted) (quoting Stephenson v. Warner, 581 P.2d 567, 568-69 (Utah 1978)). S & S entered into a lease agreement with Checketts on January 1, 2007. The relevant portion of that lease agreement provides, "[Checketts] leases to [S & S1, and [S & S] leases from [Checketts,] buildings and space located at 850 West 2500 North, Logan, Utah, together with the right to use parking spaces in the adjacent parking lot." The lease also provides that "[S & S] shall pro[1166]*1166vide maintenance and upkeep of parking and landscape areas adjacent to the Premises and utilized by [S & S]." Mrs. Crossgrove was injured in the adjacent parking lot on December 31, 2007. The court determined that S & S had taken possession of the parking lot when it executed the lease on January 1, 2007, nearly a year before Mrs. Crossgrove's injury, and that the dangerous condition did not exist at the time S & S took possession.1

15 The Crossgroves argue that the district court's determination that S & S was in possession of the parking lot is erroneous. However, we conclude that this argument is inadequately briefed, and the Crossgroves have therefore failed to meet their burden to demonstrate error in the district court's ruling.

16 An appellant's brief is inadequate "if it merely contains bald citations to authority [without] development of that authority and reasoned analysis based on that authority." Allen v. Friel, 2008 UT 56, ¶ 9, 194 P.3d 908 (alteration in original) (citation and internal quotation marks omitted). We will not assume the appellant's burden of argument and research where the contentions are "asserted without the support of legal reasoning or authority." Angel Investors, LLC v. Garrity, 2009 UT 40, ¶ 36, 216 P.3d 944. Thus, an inadequately briefed argument is insufficient to discharge an appellant's burden of persuasion on appeal. Giles v. Mineral Res. Int'l, Inc., 2014 UT App 259, ¶¶ 6, 12, 338 P.3d 825,

7 Because the lease agreement assigns to S & S "the right to use parking spaces in the adjacent parking lot," the Crossgroves assert that "[cllearly, the tenant is not specifically leasing the parking lot, and as the property owner[,] Checketts retained control of the parking lot." Thus, the Crossgroves appear to argue that the lease agreement's assignment to S & S of the right to use the parking lot and the responsibility for maintenance thereof are legally inadequate to constitute possession by S & S. However, the Cross-groves cite no legal authority for this proposition and, indeed, conduct no legal analysis of what constitutes possession for purposes of allocating duties between landlords and tenants. They have therefore failed to demonstrate that the district court's conclusion is erroneous.

T8 The Crossgroves cursorily attempt to distinguish this case from Dahlstrom v. Nass, 2005 UT App 433, 126 P.3d 778, and Stephenson v. Warner, 581 P.2d 567 (Utah 1978). They argue that in Dahistrom and Stephenson, "the landlords had leased and transferred possession of the entire premises to the tenant," whereas here, "possession of the entire property was not transferred to the tenant." However, the Crossgroves do not analyze Dahlstrom or Stephenson to demonstrate that this distinction was relevant to the holdings of those cases or develop their argument beyond their bare assertion that Checketts's retention of some portion of the property renders the holdings of those cases "not applicable to the present case."

T9 The Crossgroves have failed to adequately brief their argument that Checketts, not S & S, was in possession of the parking lot where Mrs. Crossgrove was injured. They have therefore not met their burden to demonstrate error in the district court's ruling that Checketts owed no duty to Mrs. Crossgrove.2

110 The Crossgroves next argue that the icy condition that caused Mrs. Cross-grove's fall "was not a temporary, dangerous condition that arose after the landlord had transferred possession of the premises to the tenant," because Checketts "was aware of the risks to employees and visitors created by ice and snow." The Crossgroves base this argument on deposition testimony from Checketts's owner acknowledging that ice and snow would accumulate in the parking [1167]*1167lot at times during the winter months. This court rejected a nearly identical argument in Dahistrom, where the plaintiff argued that "melting snow and ice occurred every winter and had occurred before [the landlord] transferred possession." 2005 UT App 433, ¶ 13, 126 P.3d 773.

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Bluebook (online)
2015 UT App 35, 344 P.3d 1163, 780 Utah Adv. Rep. 17, 2015 Utah App. LEXIS 40, 2015 WL 737104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crossgrove-v-stan-checketts-properties-llc-utahctapp-2015.