Summary Judgment 008: premises claim in state court:
Plaintiff fell into stairwell with opening jutting into sidewalk along building; no lights or railing guarded this opening.
City owns entire 80-foot-wide dedication comprising second street adjacent to State Capitol Publishing Museum; dedication constitutes a public way and city owed duty to plaintiff to use ordinary care and diligence to keep its streets and sidewalks in a reasonably safe condition for public use for ordinary modes of travel, day or night.
Oklahoma State Historical Society owns State Capitol Publishing Museum to center line of Second Street in fee, subject to City’s ownership of 80-foot-wide dedication for Second Street.
City failed to establish as matter of law that stairwell open and obvious.
City’s admission it did not own or maintain any street lights to illuminate its public sidewalk exacerbates its breach of duty to use ordinary care and diligence to keep its streets and sidewalks in a reasonably safe condition for public use for ordinary modes of travel, day or night.