Logourl black
From our private database of 14,000+ case briefs...

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Robertson, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.