Wymer v. Holmes

Plaintiff brought this wrongful death action alleging that the decedent, his six-year-old daughter, drowned in defendants’ pond. The claim was based on the theories of negligence and attractive nuisance. The trial court entered judgment upon the jury’s verdict of no cause of action. Plaintiff appeals as of right. Defendants cross-appeal from a pretrial order denying their motion for summary judgment. We reverse the judgment for defendants and remand for a new trial.

Linda Wymer and her six-year-old daughter Jennifer were visiting the home of Linda’s sister and brother-in-law, the defendants,…