Byrd v. Rivenbark

Pope, Judge.

Plaintiff appeals the grant of summary judgment to defendant Lisa Jo Rivenbark, as administratrix of the estate of Donald Hoke Rivenbark. The record shows that plaintiff’s decedent, Kermit Byrd, received fatal injuries when he was struck on the head by a tree limb located on the Rivenbark property. Although the facts concerning Byrd’s initial invitation onto defendant’s property are somewhat in dispute, for the purpose of this appeal it is stipulated that Byrd occupied the status of a business invitee, and the record shows that Byrd and others were on the property for the specific…