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Woman did not breach duty to man injured while on property uninvited

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Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.

In Jeremy D. Mohr v. Virginia B. Smith Revocable Trust and Virginia B. Smith, as Trustee of the Virginia B. Smith Revocable Trust, 43A03-1306-CT-214, Grace College students Jeremy Mohr and Mallori Kastner entered property owned by the Virginia B. Smith Revocable Trust and controlled by Smith two nights in a row to sit on a hammock that was strung between two trees. The two went on Smith’s property without her knowledge or permission. Smith testified she knew the general public would occasionally come onto her property to look at the lake, sit on her pier or sit in the hammock, but she did not expressly invite anyone to do so and did not post “No Trespassing” signs.

On the second night Mohr and Kastner were on Smith’s property in the hammock, one of the trees supporting it fell, killing Kastner and seriously injuring Mohr. He sued, claiming he could recover from Smith under a theory of premises liability. The trial court ruled in favor of Smith, which the appellate judges upheld.

“The trial court properly determined that, at the time of the incident, Mohr was, at most, a licensee on Smith’s property,” Judge Cale Bradford wrote. “[W]e conclude that the designated evidence most favorable to Mohr demonstrates that Smith’s act of placing a hammock and a bench on her property overlooking the lake was insufficient to constitute an invitation for the public to enter Smith’s property. Although Smith was aware that members of the public would occasionally enter her property to view or access the lake, Smith did not invite the public to enter her land. Nothing in the record suggests that Smith desired, induced, encouraged, or expected the public to enter her property. She merely permitted the public to occasionally enter her land, so long as they did not cause any trouble. Again, mere permission, as distinguished from an invitation, is insufficient to transform a licensee into an invitee.”

The judges concluded that Mohr failed to designate any evidence that Smith had knowledge of the allegedly latent danger posed by the tree.

“Because undisputed evidence leads only to the inference that Smith did not have knowledge of the allegedly latent danger posed by the tree to which the hammock was attached, the trial court properly determined, as a matter of law, that Smith did not breach any duty owed to Mohr,” Bradford wrote.

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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