CARTER V. KINNEY
896 S.W. 2d 926 (1995)
NATURE OF THE CASE: This is an appeal to recover for injuries from a landowner. Carter
(P) brought a negligence action against Kinney (D), homeowners. The trial court sustained
D's motion for summary judgment. P appealed.
FACTS: The Kinney's (D) hosted a bible study, sponsored by the Northwest Bible Church, at
their home. Some of the bible studies were held at the church, and others were at the homes
of members. Those who were interested signed up at the church. Carter (P), a member of the
church came to D's for one of the morning sessions, and slipped on a patch of ice on the
driveway, breaking his leg. D had shoveled the driveway the night before and was not aware
that ice had formed overnight. P had no social relationship with the D's or the other
participants. D received neither a financial nor other tangible benefit from P in connection
with the Bible study class. The trial court sustained D's summary judgment motion on the
ground that P was a licensee and that D did not have a duty to P with respect to the
dangerous condition that they did not know about. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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