O'Leary v. Coenen

PAULSON, Judge.

This is an appeal from the judgment of the district court of Eddy County dated May 10, 1976, dismissing with prejudice the complaint of the plaintiff, Helen O’Leary [hereinafter Mrs. O’Leary],

Only one issue is raised for our consideration: whether this court will continue to use special categories (e. g., invitee, licensee, trespasser) in premises liability actions, or whether we will abandon such categories and will adopt a single standard of reasonable care and foreseeability for such actions in place of such categories.

This case arose as the result of Mrs. O’Leary’s being…