Beresford v. Starkey

SHEPARD, Chief Justice.

The trial court instructed the jury in this case that appellants Daniel and Debra Beresford were licensees on the land of Richard and Janet Starkey and thus entitled only to protection against wanton and willful conduct. We hold that the Beres-fords were invitees and thus entitled to reasonable care.

On September 20, 1991, the Starkeys hosted a party for a group of friends at their cottage on Lake Maxinkuckee. Dan-ie! and Debra Beresford were two of the guests they invited to the party. Late in the evening, the Starkeys and some of their guests decided to take a swim in…