Handy v. Nejam

COLEMAN, Justice,

for the Court.

¶ 1. The instant case presents a question of premises liability in the context of a wrongful death action. The Court of Appeals affirmed the trial court’s holding that the deceased was an invitee at the time of his death and that the plaintiff breached no duty to the deceased under the standard applied to those classified as invitees while on the property of another. We agree the grant of summary judgment was appropriate but disagree with the trial court and the Court of Appeals as to the reason. We find the injured party was not an invitee at the time of the…