Hallett v. Furr's, Inc.

D. A. MACPHERSON, Jr., District Judge.

This case, one of first impression in New Mexico, involves the duty of a landowner or proprietor of a business to protect or otherwise warn a business invitee who falls on an outdoor parking lot, rendered slippery by ice and snow deposited by a storm, still in progress at the time of the fall, the ice and snow lying in normal, smooth condition and not being rough or otherwise disturbed.

The lower court, on motion for summary judgment, dismissed the action, holding under the facts of the case that there was no legal duty imposed on the proprietor. On…