Torts – Assumption of the Duty of Care

admin//July 5, 2011//

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Appellant commenced this action against respondent for contribution to personal-injury damages awarded to a retreat participant in a separate slip-and-fall case. Appellant challenged summary judgment in favor of respondent, arguing that (1) as a possessor of the land, respondent owed the retreat participant a legal duty to keep the premises safe, and (2) respondent assumed a duty of care when it undertook appellant-landowner’s duty to salt and chop the ice in the location of the retreat participant’s fall. The Court of Appeals held that the liability of a person who undertakes another’s duty owed to a third person is governed by Restatement (Second) of Torts sec. 324A, and that, under that section, a person who undertakes another’s duty owed to a third person must completely assume the duty. Affirmed in part, reversed in part, and remanded; motion granted.

A10-1907 Ironwood Springs Christian Ranch, Inc. v. Walk to Emmaus (Olmsted County)

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