Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland Holsteins

(concurring specially)-

I concur with the majority opinion. I write separately, however, because, under the facts of this case, I would find the plaintiffs were entitled to a trial in the event the immunity provided by the recreational use statute applied to the activity of children playing in a barn’s hayloft. For the reasons expressed below, I believe the Sallees’ claim of negligent supervision is outside the scope of the statute’s immunity and thus, is an independent basis for seeking recovery from the Stewarts.

I. Relationship Between Negligent Supervision and Premises Liability Claims.

We…