James L. Bluejacket, Appellant (plaintiff Below) v. Maurice H. Carney, Appellees (defendants Below)

Summary

The Wyoming Supreme Court affirmed summary judgment for the operators of a guest ranch in a slip-and-fall action brought by a professional guide who broke his hip falling on an icy, dimly lit path between the dining lodge and his rented cabin. Viewing the evidence most favorably to the plaintiff, the court held that his testimony that his feet simply went out from under him was mere conjecture establishing no causal connection, and that no duty was breached because the icy paths were an obvious natural accumulation as well known to him as to the defendants, obviating any need for warning signs. Justice Rose specially concurred in the result only, agreeing that the absence of proof of proximate cause required affirmance but contending that, had causation been shown, the Hape landlord-tenant framework would have presented material fact issues on negligence and contributory negligence precluding summary judgment.