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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through          the soles        of her        shoes when she stepped                      down on them and
because        she and her husband later                    observed             the skid marks caused by
the rocks          where her accident                  occurred.
          The Andersons            moved for           summary judgment                   following           Calder's
deposition.              They argued            that      there         was no hidden             defect           on the
premises          and that        they     had no duty               to warn Calder             of the presence
of      gravel         on the      sidewalk         because             the     gravel         would         have     been
clearly          obvious     had she looked.
          The District             Court      granted           the     Andersons'             summary judgment
motion.           The court        found that          Calder's             injuries      were not caused by
a hidden          or    lurking       danger       which             would     subject      the    Andersons             to
liability.             The court         further       stated          that    the rocks        on the sidewalk
would have been obvious                     to Calder           if     she had looked           at the sidewalk

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