G.W.E. v. R.E.Z.

DISSENTING OPINION BY

MUNDY, J.:

I respectfully dissent from the learned Majority’s decision to affirm the trial court’s order in this case. Based on my review of the record, I conclude that Appellant met the required threshold under section 339(a) of the Restatement.

As noted by the Majority, Appellant invokes section 339 of the Restatement (Second) of Torts, which states as follows.

§ 339 Artificial Conditions Highly Dangerous to Trespassing Children

A possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if(a)…