Hartigan v. Beery

This appeal is from summary judgments against Richard and Peggy Beery (the Beerys) on their counterclaim against Dennis Hartigan and their third-party complaint against Karen Hartigan. The propriety of the summary judgments is the sole issue presented on appeal.

The Beerys were barbecuing in their back yard when the Hartigans, accompanied by their son Jason, walked across the street to the front of the Beery home. While the four adults talked in front of the house, Jason went to play with the other children in the Beerys’ back yard, where he cut his hand on a knife which was on top of the…