eBook details
- Title: Davis v. Board of County Comrs of County of Carbon
- Author : Supreme Court of Wyoming
- Release Date : January 21, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Margaret E. Davis sued Olson Enterprises, Inc., for $75,000, alleging that on January 2, 1970, she was entering a public building, owned by it and rented for public purposes on a long term lease, and that she had fallen because of the slick condition of the front doorway-sidewalk area, negligently built, constructed, created, and maintained by it. She later, after Olson had by motion asserted a lease on the property to the County of Carbon, amended her complaint to include the county as a third-party defendant. Olson answered, setting up plaintiffs negligence and assumption of the risk, and also filed a third-party complaint alleging that it had leased the property to the county, which under the terms of the lease had agreed to indemnify and hold the lessor free and harmless from any and all claims or demands for damage to property or injury to persons as a result of the use and occupation of the demised premises by virtue of which it prayed that plaintiffs complaint against it be dismissed and that if the complaint be found valid against Olson that it have judgment for reimbursement from the county. Still later, upon plaintiffs motion and amended complaint Torginol of America, Inc., the producer of the substance with which the front area had been covered, was brought in as a defendant. After various depositions had been taken defendant county moved for summary judgment and upon hearing the court granted the motion as against the plaintiff, and against Olson and Torginol on their cross-claims, rendering summary judgment for the county and finding there was no just reason for delay. An appeal by the plaintiff as well as by Olson and Torginol has resulted, the question before us being the propriety of the judgment, which in effect held the county not liable.