Wilkinson v. Duval County School Board

Wilkinson appeals the trial court’s dismissal of his second amended complaint, with prejudice, on the grounds the complaint fails to state a cause of action. We think that the allegations of the complaint, which must be accepted as true for purposes of dismissing the complaint, fairly state a cause of action on the theory that Wilkinson was an uninvited licensee and therefore the landowner in this case had a duty to warn Wilkinson of known dangers not open to ordinary observation. Wood v. Camp, 284 So.2d 691, 695 (Fla.1973); Post v. Lunney, 261 So.2d 146, 150 (Fla.1972); Libby v. West Coast…