ZUKATIS BY ZUKATIS v. Perry

Plaintiffs appeal from summary judgment granted to defendant under V.R.C.P 56(b) on counts of negligence and “negli*300gent undertaking,” and from dismissal under V.R.C.E 12(b)(6) of a claim of “attractive nuisance.” They argue that the trial court erred in concluding that (1) a landowner owes no duty of care to a trespassing child, and (2) that the facts did not support a claim of negligent undertaking.

As noted above, the trial court dismissed the claim of attractive nuisance on the pleadings but granted summary judgment on the counts of negligence and negligent undertaking. Summary judgment is…