Johnson v. K-Mart Corp.

WALTERS, Chief Judge.

This is a slip and fall case. The question presented on appeal is whether the district court correctly decided, on summary judgment, that the tenant operating a retail store owed no duty to its patrons to maintain the parking lot adjacent to its building in a reasonably safe condition. For the reasons explained below, we vacate the summary judgment and remand the case for further proceedings.

On February 14, 1986, Doris Johnson drove to the K-Mart retail store in Coeur d’Alene, Idaho. She parked in the store’s parking lot. As she emerged from her vehicle and proceeded…