Kessler v. Mortenson

WILKINS, Justice:

€ 1 Plaintiff Patricia Kessler, on behalf of her minor child, Eric Kessler, appeals two orders granting defendants' motions for summary judgment. Six-year-old Erie Kessler was injured while playing in a partially-constructed home. The trial court determined that Eric was a trespasser and, relying on two cases which held that the attractive nuisance doctrine was inapplicable to injuries to children at residential construction sites, Taylor v. United Homes, Inc., 21 Utah 2d 304, 445 P.2d 140 (1968) and Featherstone v. Berg, 28 Utah 2d 94, 498 P.2d 660 (1972), granted summary…