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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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Here, viewing the evidence in the light most favorable to the Wises, Stonebridge's current maintenance supervisor testified that the uneven sidewalk had existed for "some time" before Stonebridge repaired it. He said that he had actual knowledge of the uneven sidewalk for "possibly" more than two months but not more than six months before Wise's accident. The Wises' daughter's testified that she observed the uneven sidewalk in the six months before Wise's accident and considered it to be a trip hazard. Because sufficient evidence exists in the record to raise a genuine issue of material fact about whether Stonebridge breached its common-law duty to repair and maintain the common areas of the leased premises, we conclude that the district court erred in granting summary judgment and in declining to consider the Wises' claim that Stonebridge had a common law duty to repair and maintain.