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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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