Thompson v. Oursler

The defendant homeowners were entitled to summary judgment on the social guest-licensee's negligence claims, as no evidence in the record showed that the homeowners knew, or had reason to know, of any dangerous condition that could cause their deck to detach from the house and collapse.

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While William Oursler, Jr. was a social guest at Robert and Peggy Thompson’s house, he was standing on a wooden deck attached to the side of the house when the deck suddenly and without notice detached from the house and collapsed. Oursler sued the Thompsons claiming that injuries he suffered when the deck collapsed were proximately caused by the Thompsons’ negligent failure to inspect and maintain the deck in a safe condition. Oursler’s wife joined in the suit asserting a loss of consortium claim. Pursuant to our grant of the right to an interlocutory appeal, the Thompsons appeal from the trial court’s denial of their motion for summary judgment. For the following reasons, we find that the Thompsons were entitled to summary judgment and reverse.

There is no evidence in the record as to why the deck suddenly detached and collapsed. There is no evidence that the deck was not built or maintained according to any statute, code, or regulation. There is no evidence that the deck was overcrowded when it detached and collapsed. Oursler testified that, prior to the collapse, he had been a guest on the deck numerous times and had walked underneath the deck, and that at no time did he observe anything about the deck or how it was attached to the house that caused him to suspect it was unstable or structurally unsound. Although Oursler said that the wood on the deck appeared weathered and needed to be painted or stained, he said this was only a cosmetic issue and that he had no reason to believe the wood was cracked or broken or that the deck was unsafe. There is nothing in the record showing that the Thompsons knew or should have known that the deck was unsafe.

Thompson v. Oursler

The defendant homeowners were entitled to summary judgment on the social guest-licensee's negligence claims, as no evidence in the record showed that the homeowners knew, or had reason to know, of any dangerous condition that could cause their deck to detach from the house and collapse.

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