KNORPP V. HALE
981 S.W.2d 469 (1998)
NATURE OF THE CASE: Knorpp (P), administrator of a decedent's estate, appealed an order
that decedent was a social guest licensee, not an invitee, when he cut down Hale's (D) tree
that killed him, and granting D's motion for a directed verdict.
FACTS: Todd was killed while cutting down a tree at D's house. Todd had been dating D's
daughter and that he spent a great deal of time at D's house. Todd had his own key and was
free to come and go. Ds were planning a New Year's Eve bonfire around the base of a dead
pine tree. They decided to cut down the tree. Todd went to the house, took Ds' chain saw,
and began to cut down the tree. After about forty-five minutes, the tree fell in an
unexpected direction and landed on Todd, killing him. Todd had worked with his stepfather
cutting and trimming trees. The stepfather testified that Todd did not cut the tree
properly. The trial court granted Ds' motion for a directed verdict and ruled as a matter of
law that Todd was a licensee and that there was no evidence that Ds were negligent under
applicable standards for a licensee. P appealed claiming Todd was an invitee.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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