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Court summarily dismisses fall victim's claim of negligence

Bonnie Jahnke sued her neighbor and friend, Darryl Allen, after she fell while escorting him to his home during a "dizzy spell."   Allen suffered from hydrocephalus which apparently caused the dizzy spell at Jahnke's home.  While assisting him home, Jahnke suffered injuries when she fell into a hole created by the removal of a concrete paver.  She filed suit for damages, arguing that Allen was negligent in the manner in which he created the hazardous hole during construction on his property, and in how he conducted himself while Jahnke escorted him home.

The Court of Appeals  upheld the summary disposition of Jahnke's claim, ruling that the sole cause of her fall was the hazardous condition on Allen's property.  Since it was "open and obvious," Allen owed no duty to correct it and was not responsible for Jahnke's fall or injuries.


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