Hoffstatter v. City of Seattle
Hoffstatter v. City of Seattle
Opinion of the Court
Janice Hoffstatter was injured when she tripped on uneven bricks set in a parking strip. She sued the City of Seattle, the abutting store owner, and the abutting property owner for negligence. Because uneven bricks do not render an area designed for public utility and landscaping unreasonably dangerous and neither the store owner nor the property owner created or maintained the allegedly unsafe condition, we affirm.
Frank Frick owned and operated a secondhand furniture and collectibles store in Seattle. He leased the premises from Michael Peck. Peck’s building abuts the sidewalk and parking strip
A “curb-out” is situated next to the parking strip. It is a section of concrete between the street curb and the sidewalk that provides a means of access from the street to the sidewalk. On occasion, Frick would display furniture on this curb-out. On one such day, Hoffstatter walked across the bricked parking strip toward a display of Frick’s furniture. She tripped and fell, injuring herself. She sued Frick, Peck, and the City of Seattle for negligence. The trial court dismissed all her claims on summary judgment. She appeals.
We review an order on summary judgment de novo and engage in the same inquiry as the trial court.
Hoffstatter claims that each defendant is liable for negligence because they each failed to maintain the bricked parking strip in a condition safe for pedestrians. To establish a claim of negligence, a plaintiff must show (a) that the defendant owed a duty of care to the plaintiff; (b) the defendant breached that duty; (c) injury to the plaintiff resulted; and (d) the defendant’s breach was the proximate cause of the injury.
Ms. Hoffstatter argues that the City is liable for her injuries because it failed to maintain the bricked parking strip in a condition suitable for pedestrian use. A municipality is not an insurer of pedestrian safety; however, it
Beyond Fletcher and Hunt, no Washington case law further defines what constitutes a “reasonably safe condition” on parking strips. Generally, however, a reasonably safe condition is not the same for a parking strip as it is for a sidewalk because their purposes are different.
In this case, the uneven surface of the bricks was caused by tree roots growing beneath the bricks and dis
Hoffstatter next contends that because Frick displayed his wares in the curb-out, he created a dangerous condition by making it likely that customers would traverse the parking strip to reach the display. Whether a defendant owes a duty of care is a question of law.
In Stone v. City of Seattle, an apartment owner was held liable for injuries a pedestrian sustained when she fell into a hole in the sidewalk created by the weight of cars driving consistently over it.
Hoffstatter finally seeks to hold Michael Peck liable because he allegedly maintained the bricks in an uneven condition. An owner whose property abuts a public right-of-way may be liable for negligence if he fails to exercise reasonable care when he uses the sidewalk for his own special purposes.
Hoffstatter alternatively argues that Peck is liable on a theory that he was negligent in directing his tenant to utilize the curb-out and to display his wares. But we have already held that Frick breached no duty owed to Hoffstatter. Moreover, it is well settled that a landlord owes no greater duty to the invitees or guests of his tenant than he owes to the tenant himself.
(1) latent or hidden defects in the leasehold
(2) that existed at the commencement of the leasehold
(3) of which the landlord had actual knowledge
(4) and of which the landlord failed to inform the tenant.[
Here, the bricked parking strip was not part of the leasehold and even if it were, the condition of the bricks was neither hidden nor defective in light of the intended use of the parking strip.
Affirmed.
Kennedy and Cox, JJ., concur.
Landscaped area between the sidewalk and the street curb also known as a planting strip.
Simpson Tacoma Kraft Co. v. Dep’t of Ecology, 119 Wn.2d 640, 646, 835 P.2d 1030 (1992).
CR 56(c); Hontz v. State, 105 Wn.2d 302, 311, 714 P.2d 1176 (1986).
Hertog v. City of Seattle, 138 Wn.2d 265, 275, 979 P.2d 400 (1999).
Hutchins v. 1001 Fourth Ave. Assocs., 116 Wn.2d 217, 220, 802 P.2d 1360 (1991).
Fletcher v. City of Aberdeen, 54 Wn.2d 174, 177, 338 P.2d 743 (1959).
54 Wn.2d 174, 388 P.2d 743 (1959).
171 Wash. 174, 17 P.2d 870 (1933).
Hunt, 171 Wash, at 176-77.
Hunt, 171 Wash, at 177.
C.S. Patrinelis, Annotation, Liability for Injury on Parking or Strip Between Sidewalk and Curb, 19 A.L.R.2d 1053, 1059-60 (1951).
Patrinelis, supra, at 1060.
Patrinelis, supra, at 1055, 1060.
Degel v. Majestic Mobile Manor, Inc., 129 Wn.2d 43, 48-49, 914 P.2d 728 (1996).
Stone v. City of Seattle, 64 Wn.2d 166, 170, 391 P.2d 179 (1964).
Edmonds v. Pac. Fruit & Produce Co., 171 Wash. 590, 593, 18 P.2d 507 (1933).
64 Wn.2d 166, 168, 391 P.2d 179 (1964).
Stone, 64 Wn.2d at 169.
171 Wash. 590, 591, 18 P.2d 507 (1933). See also Turner v. City of Tacoma, 72 Wn.2d 1029, 435 P.2d 927 (1967) (summary judgment for defendant reversed
Stone, 64 Wn.2d at 170.
59 Cal. App. 4th 188, 69 Cal. Rptr. 2d 69 (1997).
Also known as a parking strip.
Contreras, 69 Cal. Rptr. 2d at 75, 77.
Frobig v. Gordon, 124 Wn.2d 732, 735, 881 P.2d 226 (1994).
Frobig, 124 Wn.2d at 735 (citations omitted).
Reference
- Full Case Name
- Janice Hoffstatter v. The City of Seattle
- Cited By
- 21 cases
- Status
- Published