Bier v. Leanna Lakeside Property Ass'n

The plaintiffs, Rickie Bier (hereinafter, the plaintiff) and Kathy Bier (collectively, the plaintiffs), filed a two-count complaint against the defendant, Leanna Lakeside Property Association, seeking damages for personal injuries and loss of consortium sustained by the plaintiffs when Rickie fell from a rope swing into the defendant’s lake. The trial court dismissed the plaintiffs’ complaint, finding that the rope swing was an open and obvious danger, and, therefore, the defendant did not owe the plaintiff a duty as a matter of law. The plaintiffs appeal.

PLAINTIFFS’ SECOND AMENDED COMPLAINT

Th…