Fall in snow-covered icy rut is dismissed as "open and obvious"
In another Court of Appeals "slip and fall" case, the injury victim was denied the right to a jury trial regarding the reasonableness of the defendant's maintenance of his home. The victim fell when he lost footing in an icy rut in the Defendant's driveway. The Court dismissed his negligence claim, holding that the landowner owed "no general duty...to take reasonable measures to remove snow and ice for the benefit of invitees..." and that there were no "special aspects" that rendered the hazardous condition especially unsafe or that increased the likelihood of harm. The Court also held that a city ordinance requiring landowners to clear sidewalks did not apply to the insured defendant's driveway.