This case involves a fatal slip and fall outside of a supermarket in Montana. For several months, employees at the supermarket had informed building managers that the gutter on the building had a large crack from which water was leaking. In spite of numerous complaints, the defendant, who was responsible for upkeep on the property, did nothing to rectify the issue. On an icy evening in March, a supermarket employee slipped on ice that was in an unlit area near the designated shopping cart return area. The employee was overweight and when she fell, she suffered a traumatic brain injury. She was rushed to the hospital and treated for 2 days before eventually succumbing to her injuries. It was alleged that the ice was caused by snow melting on the roof of the building that afternoon and then dripping out of the crack in the gutter which diverted water down the side of the building and then across the cart return area. An engineering expert with experience designing and implementing drainage systems was sought to discuss the potential hazards of a broken gutter.