Buoy v. Kim

This case concerns a landlords liability for harm to a tenants guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of the mobile home, Soo He Kim and Enuja Kim, the mobile home park owners, and Hageman, the park manager. The trial court granted defendants motion for summary judgment and denied plaintiffs cross-motion for summary judgment under ORCP 47. On plaintiffs appeal challenging both rulings, we view the summary judgment record in a manner most favorable to the party opposing each motion. Yartzoff v. Democrat-Herald Publishing Co., 281 Or 651, 655, 576 P2d 356 (1978). We conclude that the trial court erred in granting summary judgment to defendants.