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Justia Daily Opinion Summaries

Idaho Supreme Court - Civil
August 18, 2020

Table of Contents

Duncan v. Long

Civil Procedure, Landlord - Tenant, Personal Injury, Real Estate & Property Law

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Idaho Supreme Court - Civil Opinions

Duncan v. Long

Docket: 46930

Opinion Date: August 17, 2020

Judge: Bevan

Areas of Law: Civil Procedure, Landlord - Tenant, Personal Injury, Real Estate & Property Law

Appellant Sky Duncan’s daughter, K.R., attended a daycare Anna McCowin ran out of a residence she leased from Respondent Scott Long. In 2014, McCowin left K.R. unattended in the backyard, which allowed K.R. to allegedly escape through a broken gate to a nearby canal where she drowned. Duncan sued McCowin and Long for negligence. Long moved for summary judgment, arguing that he did not owe Duncan or her daughter a duty to repair the broken gate. The district court granted Long’s motion for summary judgment after declining to extend premises liability to an injury that occurred on property adjacent to Long’s property. Duncan filed a motion for reconsideration, which the district court denied. After review, the Idaho Supreme Court found the district court correctly held that Long did not owe K.R. a duty of care to protect against an injury that occurred on adjacent property. Therefore, the Court affirmed the district court's grant of summary judgment in Long's favor.

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