Tribe v. Shell Oil Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that whether a condition was dangerous or open and obvious “are issues to be decided by a jury . . . as triers of fact”
• reversing an entry of summary judgment 5 because “[r]easonable minds could easily disagree as to whether a sixteen-inch step down 6 is open and obvious” and constitutes an unreasonable risk of harm
• “Summary judgment is inappropriate 8 PACIFIC OFFICE v. CSG Decision of the Court where founded on a disputed inference drawn from an undisputed fact.”
• “where the possessor has reason to anticipate harm to an invitee from a condition despite its obviousness, duty may require him to warn the invitee or take other reasonable steps to protect him”
• “The fact that the injured party knew of the danger is not conclusive.”
• “Whether the step was dangerous, open and obvious, or whether appellees should have anticipated the harm if open and obvious are issues to be decided by a jury in its capacity as triers of fact.”

Source: CourtListener parenthetical corpus (CC0).