Terry v. Metzger

David L. Terry appeals the district court’s grant of summary judgment in favor of William R. Metzger. Terry, who was injured in a cave-in while on the Metzger property, had sued Metzger, alleging that Metzger was negligent and liable under the attractive nuisance doctrine and as a possessor of land.

On August 16, 1985, Terry, then 19 years old, and four companions entered Metzger’s land while on a camping trip. The five boys camped in an abandoned “cave” that had been created in the late 1800’s as a sandstone quarry. During the night, a portion of the roof of the cave collapsed, killing three…