Acosta v. City of Santa Fe

OPINION

PICKARD, Chief Judge.

{1} Kathryn Acosta (Pedestrian) appeals the trial court’s decision to dismiss her “trip and fall” tort claims against Wirtco, Inc. (the Store). Pedestrian sued the Store and the City of Santa Fe for damages after she tripped and broke her elbow on a public sidewalk abutting the Store’s property. Pedestrian’s complaint against the City is typical — she requested damages from the City because it owns the sidewalk upon which she tripped. However, Pedestrian’s complaint against the Store raises an issue of first impression because she alleges, among other things, that…