Cassidy v. Bonham

In this premises liability action, plaintiff appeals, challenging the trial court’s allowance of summary judgment for the defendant property owner. Plaintiff argues that the trial court erred in determining that plaintiff was a licensee, and not an invitee, and that defendant had not breached any duty of care owed to plaintiff as a licensee. We conclude that the summary judgment record presents a genuine issue of material fact as to whether plaintiff was an invitee, and not a licensee, at the time of her injury. Consequently, we reverse and remand.

Summary judgment is proper if the “pleadings,…