Goldfuss v. Davidson

The administrator argues, inter alia, that the court of appeals erred by applying the plain error doctrine to reverse the judgment of the trial court. We concur, and find our affirmance on that issue to be dispositive of the appeal presented by the administrator.

This case was tried on the administrator’s theory that Davidson, as the owner of property upon which Goldfuss entered as a trespasser, owed Goldfuss a duty of ordinary care in exercising any privilege he might have had to protect his property, even if Goldfuss entered the premises with the intent to commit theft offenses. At no time…