Friday, March 23, 2012

CARTER V. KINNEY case brief


• Kinneys hosted a bible study group at their house and is injured
• Carters go to Kinneys house
• Mr. Carter slips on patch of ice in driveway
Carter is a licensee because he was a social guest; Kinneys were not receiving any benefit from Carter’s presence in their house
• Court refuses to deem Carter an invitee – there was not a public invitation because it was limited in scope to the bible study group
• Plaintiff argues that Kinneys were receiving a benefit in the sharing of ideas – but court identifies this intangible benefits idea as the hallmark of licensee’s permission to enter (p. 193)
• Court affirmed summary judgment for Ds
• Categories keep predictability – easier for juries to assess liability

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