admin//August 9, 2010
Where a professional mover arrived at a customer’s house and noticed a pothole in the driveway; the mover moved his truck to create a clear path from the house to the truck, avoiding the pothole; and while moving a heavy item, the mover stepped into the pothole, tripped and fell; we conclude that the District Court did not err in granting summary judgment in favor of the homeowner because the danger posed by the pothole was obvious and the homeowner had no duty to warn the mover of it.
Affirmed.
A10-0221 Aronson v. McDowall (Ramsey County)