Wirtz v. Gillogly

¶1 Robert L. Wirtz appeals the trial court’s summary judgment dismissal of his negligence claims against Dennis and David Gillogly and their marital communities. He argues that the trial court erred in (1) concluding that Wirtz assumed the risk of injury associated with felling trees on David Gillogly’s property and (2) failing to distinguish between Wirtz’s status on the property as an invitee rather than a licensee. Holding that Wirtz knowingly and voluntarily consented to participate in the tree-felling project and, thus, assumed the risks involved, *3we affirm the trial court’s grant of…