Green v. Mid Dakota Clinic

VANDE WALLE, Chief Justice.

[¶ 1] Tracy Paul Green appealed from a summary judgment dismissing his action for damages against Mid Dakota Clinic (“Clinic”), alleging it negligently allowed ice to accumulate on its sidewalk, resulting in Green sustaining injuries when he slipped and fell while attempting to transfer from a wheelchair into his car. We hold the trial court incorrectly applied the law of assumption of risk in dismissing the claim and we, therefore, reverse and remand for further proceedings.

I

[¶ 2] On March 12,1999, a friend drove Green to the Clinic for treatment of severe back…