Calder v. Anderson, 911 P.2d 1157 (1996)

Citation: Calder v. Anderson, 911 P.2d 1157 (1996)
Parent Document: Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction: Montana (state)
Effective Date: 1996-02-26
Original Source: https://www.courtlistener.com/opinion/884076/calder-v-anderson/ ↗

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It is clear from Rule 56 that the court must consider allegations in the pleadings unless they have been controverted by evidence presented by the opposing party. In this case, the defendants presented no evidence that the sidewalk was clean and safe at the time of Calder’s fall and injury. In fact, neither the defendants’ motion for summary judgment, nor the memorandum that they submitted in support of that motion, addressed a landlord’s duty to a tenant pursuant to the statute relied on in Calder’s complaint. Calder’s memorandum in opposition to the defendants’ motion simply responded to the issues raised in the defendants’ memorandum.

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