North Dakota Supreme Court

Morales v. Weatherford U.S.

August 1, 20242024 ND 155

Summary

The Court affirmed summary judgment for Weatherford, holding it owed Morales no duty to protect him from the danger of being struck by a vehicle while walking on a private roadway. The roadway and nearby vehicular traffic presented an open and obvious danger, and the alleged lack of lighting, signage, or sidewalks concerned breach, causation, and fault rather than the threshold existence of a duty. The distraction exception did not apply because Morales’s cellphone use and related inattention were self-created.