Henkel v. Norman

On a cold winter day, Plaintiff, a mail carrier, had just delivered mail to the home of Homeowners when he slipped on the Homeowners' sidewalk and fell, allegedly injuring himself. One of the Homeowners had said “don’t slip” to Plaintiff before he reached the sidewalk. Plaintiff sued the Homeowners, alleging that the Homeowners were aware of ice on the sidewalk but failed to warn Plaintiff of any potential danger. The trial court granted the Homeowners’ motion for summary judgment, concluding that the “don’t slip” statement was adequate as a matter of law to warn Plaintiff of an icy sidewalk. The court of appeals reversed, concluding that a “general instruction not to slip or trip or fall is not conclusive evidence of a warning.” The Supreme Court reversed the court of appeals, holding that even if ice on the Homeowners’ sidewalk created an unreasonably dangerous condition, the Homeowners adequately warned Plaintiff of it. Remanded.View "Henkel v. Norman" on Justia Law