Blackburn v. Broad Street Baptist Church

The opinion of the court was delivered by

WALLACE, J.A.D.

Plaintiff Patricia Blackburn appeals from summary judgment granted in favor of defendant. The motion judge concluded that plaintiff was not a rescuer but rather a trespasser to whom no duty was owed. On appeal, plaintiff urges that the motion judge erred in concluding that defendant owed her no duty of care. She asserts that she was an invitee under theories of implied invitation and the rescue doctrine at the time she suffered her accident. We hold that there were genuine issues of material fact that precluded the granting of summary…