Nesmith v. Starr

While I concur in the majority opinion, I will with brevity attempt to set out my personal view of the case with the thought it may serve as a basis for predictability of my position in future cases.

No member of this court dissents to the view that the infant plaintiff was an invitee. Since he was an invitee, the defendant owed him a duty to exercise ordinary care in keeping the premises safe. This suit is in negligence, i.e., “failure to exercise ordinary care.” The defendant has breached that duty if he has exposed the infant plaintiff to a foreseeable unreasonable risk of harm.

I would…