Johnson v. Short

Plaintiff appeals, assigning error to the trial court’s allowance of summary judgment for defendant property owners in this action based on premises liability. Plaintiff argues that the trial court erred in determining that, regardless of whether plaintiff was an invitee or licensee, defendants were entitled to prevail because plaintiff was aware of the dangerous condition and, thus, defendants had no duty to warn of, or remedy, that condition. We conclude that (1) the uncontro-verted facts establish that plaintiff was an invitee, not a licensee, and (2) there are disputed issues of material…