Smith v. CUTTY'S, INC.

ENOCH, Chief Judge.

In this negligence action, plaintiffs, John Timothy Smith and Jane Smith, appeal the summary judgment entered in favor of defendant, Cutty’s, Inc. The trial court ruled that § 33-41-101 et seq., C.R.S. (1984 Repl. Vol. 14), which generally relieves a landowner from liability for injuries received by people using his property without charge for recreational purposes, here relieved Cutty’s of any liability for the injuries received by Mr. Smith on Cutty’s land. It therefore granted defendant’s summary judgment motion. We reverse.

Cutty’s is an Iowa corporation which owns and…