Winfrey v. GGP Ala Moana LLC

Jasmine Fry, a twenty-two-year-old woman, died after entering into and becoming trapped in an exhaust duct above the food court in the Ala Moana Center (Ala Moana). Fry entered the duct by way of the building's rooftop. Fry's parents (Plaintiffs) sued Ala Moana, alleging various tort claims. The circuit court entered summary judgment in favor of Ala Moana on all claims. The intermediate court of appeals affirmed, concluding that Ala Moana did not owe Fry a legal duty under any theory of liability. The Supreme Court vacated in part and affirmed in part, holding (1) summary judgment was properly granted on Plaintiffs' general premises liability claims because Ala Moana owed no duty to a person not reasonably anticipated to be on the rooftop and because Fry's entry into the duct was not reasonably foreseeable; (2) genuine issues of fact existed as to whether Ala Moana breached its duty under the Restatement (Second) of Torts 338; and (3) genuine issues of fact existed as to whether Fry was a member of the public who entered the center in response to Ala Moana's invitation and, if so, whether Ala Moana breached its duties under the Restatement (Second) of Torts 314A(3). Remanded. View "Winfrey v. GGP Ala Moana LLC" on Justia Law