Payne v. City of St. Joseph

HOWARD, Judge.

Dennis Payne appeals from the trial court’s grant of a motion for summary judgment in favor of the City of St. Joseph, in a case involving an injury at a landfill. Payne’s sole point on appeal is that the trial court erred in granting summary judgment to the City of St. Joseph because even if the dumpster of the transfer station into which he fell was an open and obvious condition as a matter of law, it is for a jury to decide whether the harm should have been anticipated, thereby breaching a duty of care, because he was using the land as intended by the land’s possessor.

Appeal…