Smith v. Harp

Banke, Acting Presiding Judge.

The plaintiff sued to recover for injuries she received while a social guest, or licensee, in the defendant’s home. We granted interlocutory appeal to review the trial court’s denial of the defendant’s motion for summary judgment.

The defendant was not at home when the accident occurred, but his wife was. The plaintiff asked to use the bathroom, and the defendant’s wife told her to go down the hallway to second door on the right. Following these instructions, the plaintiff opened the second door, reached in to turn on the light, did not feel the switch, and…