Coburn v. Whitaker Construction

Justice Himonas, opinion of the Court:

INTRODUCTION

¶1 Sometimes the path we take makes all the difference. In this case, Julie Coburn chose to step over orange construction netting that was strung across a public walking trail. In doing so, her foot got caught in the netting and she fell to the ground, suffering injuries to her arm and shoulder. The district court ruled that the orange netting was an open and obvious danger and therefore Whitaker Construction-the company that strung the orange netting across the trail-owed Ms. Coburn no duty of care with respect to the netting. The court of…