Stewart v. Stewart

STATON, Judge.

Brothers Jeff and Gerald Stewart have each taken interlocutory appeals from ru} ings by the trial court in Jeff's negligence action resulting from his fall in Gerald's home. We address two issues:(1) Did the trial court abuse its discretion by denying Jeff's motion to withdraw his admission that he was a licensee at the time of his fall?(2) Is mere negligence toward a licensee sufficient to impose premises liability on a landowner?

We affirm in part and reverse in part.

Jeff's complaint alleged that Gerald negligently left an electric cord near the kitchen leading to the basement…