Fast v. State

Summary

The Supreme Court of North Dakota affirmed summary judgment for the State in a negligence action arising from Marcia Fast’s slip and fall on an icy sidewalk at Minot State University. The court held that the record lacked competent, admissible evidence establishing that Fast fell on pooled ice or that the State created an unreasonably dangerous condition through its snow-removal efforts. The court concluded that landowners should not be liable merely because ice forms from snow piled during reasonable snow removal.

Holdings

1. Summary judgment was proper because the plaintiffs failed to present competent, admissible evidence from which a reasonable fact finder could find the State liable for Marcia Fast's injuries.
2. A landowner, including the State, is not liable for injuries from ice formed by melting snow piled as a result of snow-removal efforts unless some further act or omission creates an unreasonably dangerous or more hazardous condition.

Questions Presented

1. Whether the district court properly granted summary judgment when the competent, admissible evidence did not establish that Marcia Fast fell on the alleged pooled ice.
2. Whether the State could be liable for injuries caused by ice formed from melting snow piled during reasonable snow-removal efforts, absent a further act or omission creating an unreasonably dangerous condition.
3. Whether the plaintiffs produced competent, admissible evidence sufficient to raise a genuine issue of material fact concerning negligence.

Disposition

affirmed