Opinion

Sholer v. ERC MANAGEMENT GROUP, LLC

  • 256 P.3d 38
  • 2011 OK 24
  • 2011 Okla. LEXIS 27
  • 2011 WL 1262163
Court
Supreme Court of Oklahoma
Filed
Apr 5, 2011
Status
Published
Author
Taylor
On the bench
Taylor, Colbert, Kauger, Watt, Edmondson, Reif, Combs, Gurich, Winchester
Cited by
18 cases

finding whether a danger is open and obvious may be a question for a jury and reaffirming the rule that there is no duty to warn of an open-and-obvious danger

How later courts described this case

  • finding whether a danger is open and obvious may be a question for a jury and reaffirming the rule that there is no duty to warn of an open-and-obvious danger
  • “[I]t is well established in our jurisprudence that, where conflicting evidence is presented on the issue of the open and obvious nature of a defect, the question must be resolved by the trier of fact.” (emphasis omitted)
  • “Whether a defect is open or obvious … presents a question for the trier of fact.”

Written by the judges who cited it.

The opinion

TAYLOR, C.J.,

with whom WINCHESTER, J. joins,

dissenting:

I dissent. The trial court and the Court of Civil Appeals were correct and I would affirm their decisions. This case was properly ended by summary judgment. An intoxicated young woman decided to dive head first into a shallow swimming pool. A few feet from her dive was a marker clearly indicating the water was only three (8) feet deep. She admits that was a dangerous act on her part. The danger of diving into water of unknown depth is open and obvious. The combination of being under the influence of alcohol and diving head first into very shallow water will usually result in unfortunate serious injury. However unfortunate, this injury is not the legal responsibility of the apartment complex.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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