Crawford

Crawford v. United States

Good Law
248 F. App'x 787
United States Court of Appeals for the Ninth CircuitSeptember 7, 2007No. 06-35783California451 words

Opinion

Lead Opinion

*788 MEMORANDUM *

Crawford appeals from the district court’s summary judgment in favor of the Government. We review de novo. See Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004).

Under Alaska law, “[d]uty, breach of duty, causation, and harm are the separate and distinct elements of a negligence claim, all of which must be proven before a defendant can be held liable for the plaintiffs injuries.” Lyons v. Midnight Sun Transp. Servs., Inc., 928 P.2d 1202, 1204 (Alaska 1996) (per curiam) (citation omitted). A landowner must “act as a reasonable person in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden on the respective parties of avoiding the risk.” Webb v. Sitka, 561 P.2d 731, 733 (Alaska 1977) (footnote omitted). Included in this duty is the “duty to warn of hidden dangers of which the entering person is unaware.” Moloso v. State, 644…

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