Reed v. Ocello

KAROHL, Chief Judge.

Plaintiff, an independent contractor, who had a contract to trim defendant-homeowners’ tree, was injured when a tree limb that his employee had trimmed fell and struck him. He sued homeowners for injuries sustained. His initial petition alleged liability in two counts, which were based on “the inherently dangerous activity” and the “failure to provide a safe work place” doctrines, respectively. An amended petition added a third count under the doctrine of “retained possession of land-negligence.” Homeowners answered and moved to dismiss all counts for failure to state a…