Nida v. Spurgeon

Plaintiff tenant filed personal injury suit for injuries suffered when she was walking on rental property's driveway and a piece of asphalt in driveway broke and she fell. Court properly granted Defendant's motion for summary judgment, finding that Defendant did not owe duty of care to Plaintiff. Even if Defendant had promised to repair driveway, Plaintiff was aware of driveway's condition and she continued to walk on it. Defendant could not have foreseen Plaintiff would injure herself and could presume Plaintiff would exercise caution when encountering open and obvious condition in a rural setting. (STEIGMANN and TURNER, concurring.)