Smedsrud v. Powell

¶ 1 The dispositive issue on certiorari is whether the Court of Civil Appeals [COCA] erred in affirming summary judgment for the defendant? We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

¶ 2 Edward Smedsrud [Smedsrud] brought an action to recover for injuries he sustained upon the premises of Cecil Powell d/b/a/ Pappy’s Corner [Owner]. This is Smedsrud’s certiorari quest upon his second appeal for review of the trial court’s second summary judgment and of its postjudgment decision on a new-trial motion. COCA affirmed the trial court’s second summary disposition for Owner.

The First…