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Carter v. Kinney

Supreme Court of Missouri
896 S.W.2d 926 (1995)


Facts

Carter (plaintiff) fell and was injured on a patch of ice in the driveway of Ronald and Mary Kinney (defendants). Carter was present on the Kinneys’ property to attend a bible study they were hosting at their home. Participants in the bible study were church members who had signed up on a sheet at church. There was no general invitation to the public to attend the bible study. The Kinneys did not receive money for hosting the bible study. The Kinneys had removed snow from their driveway the previous day, but were unaware ice had formed during the night. The Kinneys argue that in this case Carter was a licensee, and that they owed no duty to him to remove unknown dangers. Carter argues that he is an invitee, and the Kinneys owed him a duty of care to protect him against unknown but discoverable dangerous conditions. The trial court dismissed the Kinneys on summary judgment, finding that the Kinneys had no duty to Carter, as a licensee.

Rule of Law

Issue

Holding and Reasoning (Robertson, J.)

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