Vogt v. Dace

KAROHL, Judge.

This appeal arises after a directed verdict for defendant property owners in an action brought by Matthew W. Vogt to recover damages for personal injuries sustained when he fell through a hole in the front porch of the home of Vernon and Sharon Dace. The court granted the Daces’ motion for directed verdict filed at the close of plaintiffs case.

Matthew Vogt appeals the judgment for defendants on two grounds: 1) the trial court erred in finding as a matter of law Matthew Vogt was a trespasser and not a licensee or invitee, and as such was not owed a duty of due care by the Daces;…