Mallet v. Pickens

522 S.E.2d 436 (1999)

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Mallet v. Pickens

West Virginia Supreme Court of Appeals
522 S.E.2d 436 (1999)

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Facts

Patricia and Ernest Mallet (plaintiffs) visited the home of their friends Selbert and Anita Pickens (defendants). The Pickenses were having work done on their home and had a set of temporary stairs without a railing leading up to the front door. A masonry block had also been left near the steps. As Patricia left the Pickenses’ home, she fell on the stairs, hit her head on the masonry block, and broke bones in her face, which required surgery. The Mallets sued the Pickenses for negligence. The trial court entered summary judgment for the Pickenses, concluding that Patricia, a social guest, was a licensee and, therefore, the Pickenses only owed a duty to not willfully injure Patricia. The Mallets appealed.

Rule of Law

Issue

Holding and Reasoning (McGraw, J.)

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