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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the      dissenting                  opinion            are      of         no assistance                         to        us     for      purposes                of
resolving               the     issue            presented                  in        this         case.              Neither             case            applies
nor     interprets           a duty           similar           to the one which                     exists         in Montana
pursuant       to § 70-24-303,                     MCA, and upon which this                          opinion         is based.
          Finally,          the         dissenting                opinion's               reliance            on     §      70-24-
321(1) lb),          MCA, to suggest                     that     it       was actually              the tenant's                 duty
to maintain           the area where Calder                            fell      is misplaced.                 That section
of the Residential                 Landlord              and Tenant Act pertains                        to that            part     of
the     premises           which        the     tenant           actually              "occupies        and uses."                  It
does not pertain                  to common areas.                            Common areas            are      specifically
addressed            in     5     70-24-303(l)                 (c),        MCA, and             place         the        duty       of
maintenance           solely        on the landlord.
          According         to the testimony                      of Shirley             Calder,        the sidewalk                on
which       she fell            was not            in    a clean              and safe          condition,            and as a
result,       she fell            and seriously                  injured             herself.         Calder         testified
that      on the          date     of her           accident               she had descended                  the     stairway
leading        from         the     door           of     her         apartment            and       stepped          onto         the
sidewalk,          where her             feet           landed         unexpectedly               on rocks           or     gravel
which caused her to skid                           for    some distance                 before        her feet            flew     out
from      under       her        and she landed                   face         down.        She knew that                   it     was
small      rocks      on which           she skidded                  and lost          control        because she felt
the rocks          through         the soles              of her shoes when she stepped                                    down on
them,      and she and her husband later                                    observed        the skid           marks caused
by the rocks              where her accident                          occurred.            Calder's           testimony            was
sufficient            to     raise            an        issue         of      fact       whether        the         defendants

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