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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)

Citation
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Parent Document
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Jurisdiction
Minnesota (state)
Effective Date
2019-04-29

Other Sections in This Document (34)

Full Text

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The Wises sued Stonebridge in August 2016, claiming negligence and loss of consortium.1 Stonebridge moved for summary *775judgment, arguing that the Wises' claims fail because Stonebridge did not have notice of the mat being in a dangerous position on the sidewalk, and, in the alternative, that the uneven sidewalk constituted an open-and-obvious condition, for which Stonebridge did not owe the Wises a duty to warn. The Wises opposed Stonebridge's motion, arguing that Stonebridge had an unwaivable duty, under statute and common law, to repair and maintain the common areas of the premises and that this duty superseded any open-and-obvious determination.