Burbach v. Canwest Investments, LLC

Opinion by

Judge J. JONES.

Plaintiff, Cynthia Burbach, appeals the district court's entry of summary judgment in favor of defendant, Canwest Investments, LLC, on her claim under the premises liabili ty statute, section 18-21-115, C.R.S.2009. We affirm.

In this case, a municipal ordinance imposed a duty on an owner of property adjacent to a public sidewalk to clear the sidewalk of snow and ice. The primary question before us is: Where such an ordinance exists, does the premises liability statute operate to abrogate the common law rule-referred to as the "no duty" rule-that such an owner does not…