Wheeling Park Commission v. Joseph and Kerry Dattoli

This was a simple case in which the court was asked.to decide whether the Dattolis made out a prima facie case of negligence against the Commission. In resolving this issue, the majority of the court found a distressing way to blur the lines between legal principles that apply to premises liability causes of actions and actions for injury on property owned by political subdivisions. In doing so, the majority opinion found that the trial court erred in denying the Commission’s motion for judgment as a matter of law at the close of the Dattolis’ ease-in-ehief. For the reasons set out below, I…