Johnson v. State

I agree that the case is governed by the immunity statute and the standard of care for a landowner toward a trespasser. However, I view the negligence law issue differently than my colleagues on the panel, and would remand the case for trial proceedings on issues of fact.

1.We cannot disregard danger as a matter of law by comparing a condition with one which has “inherently dangerous propensities, such as high voltage electrical wire.” The illustration of a high voltage wire is only one example of a case where a jury must determine the facts in order to apply standards formulated in the…