Minor v. Zidell Trust

OPALA, Justice:

In this tort action we hold that proximate cause does present the dispositive question of law and affirm the trial court’s summary judgment in favor of the multiple defendants in the case.

An 86-year old man [Motorist] drove to a local shopping center [Owner] and let his wife off at one of the shops. He then attempted to park his automobile in the Owner’s second-story parking facility. Around the perimeter of this facility, there was a concrete curb [7¾" high], behind which stood a brick wall approximately 3-feet high. The wall marked the outer boundary of the elevated lot area.…