Hockaday v. Morse

WELLS, Judge.

Plaintiff’s sole assignment of error is that the trial court erred in granting summary judgment for defendant. We agree with plaintiff’s argument and reverse.

Defendant contends that plaintiff was a licensee, to whom the only duty owed was to avoid wilful or wanton negligence, of which there was no evidence, or, in the alternative, that if plain tiff was an invitee, the evidence shows no negligence of defendant, but does show contributory negligence on the part of plaintiff, entitling defendant to summary judgment as a matter of law.

The threshold issue before us is plaintiff’s…