Kendrick v. Quin


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Docket Number: 2009-CA-00587-COA

Court of Appeals: Opinion Link
Opinion Date: 11-09-2010
Opinion Author: Myers, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Wrongful death - Premises liability - Duty to licensee
Judge(s) Concurring: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Non Participating Judge(s): Irving, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - WRONGFUL DEATH

Trial Court: Date of Trial Judgment: 02-25-2009
Appealed from: MARION COUNTY CIRCUIT COURT
Judge: Prentiss Harrell
Disposition: GRANTED SUMMARY JUDGMENT FOR APPELLEE
Case Number: 2006-0135E

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Beverly Kay Kendrick, Individually and as Wrongful Death Heir of Thomas Dixon




DONALD WAYNE MEDLEY



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Laura Quin DORRANCE AULTMAN  

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    Topic: Wrongful death - Premises liability - Duty to licensee

    Summary of the Facts: Beverly Kay Kendrick, individually and as wrongful-death beneficiary of Thomas Dixon, filed a complaint against Laura Quin. The complaint alleged that Dixon, while an invitee in Quin’s home, suffered injuries and death as a result of a fire in and upon Quin’s premises, and that such injuries and death were the proximate cause of Quin’s negligence in failing to keep her premises free of hazards and in a reasonably safe condition for use by an invitee such as Dixon. The circuit court granted Quin’s motion for summary judgment. Kendrick appeals.

    Summary of Opinion Analysis: Kendrick argues both simple negligence and negligence based upon premises liability. Quin invited Dixon into her home as a gratuitous favor to him. She thereafter took care of him without any remuneration or material benefit to her. Dixon legally was a licensee throughout his stay with Quin. Quin’s duty in regard to Dixon was to refrain from willfully or wantonly injuring him. Willfulness and wantonness connote knowingly and intentionally doing a thing or wrongful act. The guest assumes the ordinary risks which are attached to the premises. Kendrick presented no evidence that Quin knowingly and intentionally caused the fire–the condition on her premises that caused Dixon’s death. Nor is there evidence, from which reasonable minds could rationally conclude, that Quin willfully and wantonly caused Dixon to succumb to the fire. Accordingly, the circuit court correctly granted summary judgment in favor of Quin.


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