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Warrick v. Property Reserve, 2018 UT App 197 (Oct. 12, 2018)

Oct 12, 2018

In affirming the summary judgment dismissal of a slip and fall claim, the court of appeals held that constructive notice of a dangerous condition should not be imputed when conjecture and speculation are the only ways to determine the length of time the condition existed.  Here, in order to demonstrate that a store owner had constructive notice of an icy sidewalk, the plaintiff had an affirmative duty to present evidence of approximately when the ice formed.  Because plaintiff had presented no evidence demonstrating when the ice had formed, such as temperatures on the preceding days or nights or how long ice takes to form, summary judgment was appropriate.