Gerrit (dutch) Mostert, Personal Representative of the Estate of Kumi Maria Mostert, for and on Behalf of Dutch And…

Summary

The Wyoming Supreme Court held that American Multi Cinema, Inc. (AMC), the theatre operator, owed its business-invitee patrons a duty to reveal known, foreseeable off-premises dangers, expressly departing from the traditional rule that landowners owe no duty as to risks off the premises, and it reversed the Rule 12(b)(6) dismissal of the claim against AMC. The court also held that CBL & Associates' motion to dismiss was properly converted into a motion for summary judgment with reasonable notice, and that CBL, the mall landlord whose tenant had exclusive possession and control of the theatre, owed no duty to warn the patrons, affirming summary judgment for CBL. Justice Thomas concurred in part and dissented in part, contending no off-premises warning duty exists and that superseding cause would bar recovery; Justice Cardine, in an opinion joined by Justice Thomas, also concurred in part and dissented in part, and Justice Urbigkit specially concurred in reversing as to AMC so a jury could decide the duty and negligence questions.