Quigley's Pharmacy, Inc. v. Beebe

NEBEKER, Associate Judge:

This appeal presents the issue whether there is a duty to safely maintain the outer limits of adjacent public-owned space in front of a private business in the absence of evidence of substantial special use of that area and in the face of a showing of extensive use by the general public. A jury returned a $2,000 verdict against appellant and this appeal followed.

Appellee fell as a result of catching her heel in a hole at the outer edge of the space in question as she walked from the entrance of the pharmacy to a mailbox located on the sidewalk at the curb a few feet…