Cassell v. Collins

Judge Wynn

concurring with separate opinion.

I concur with the.majority opinion determining that there is an issue of fact as to whether ASI was affirmatively negligent in failing to provide the plaintiff protection from the assault. I, however, would reach this conclusion for different reasons.

In my opinion, the common-law distinction between invitees and licensees should be applied only when a plaintiff seeks recovery of damages resulting from some condition or use of the landowner’s premises. Our state’s precedent demonstrates that an injured plain*801tiff’s status as a trespasser, licensee, or…