Merrill v. Jansma

Merrill (plaintiff) was injured falling on loose front steps of a mobile home her daughter, Sherri Pritchard, rented from Jansma (defendant). Pritchard had tried unsuccessfully to fix the step and had notified the property manager, who also couldn't secure it; the steps then separated from the porch as Merrill stepped on them. Merrill sued for negligence, arguing Jansma knew or should have known the step was dangerous and failed to fix it. Jansma moved for summary judgment, arguing landlords owe no duty absent an express covenant to repair, consistent with old common law. The district court granted summary judgment for Jansma.