Torts Keyed to Franklin
Carter v. Kinney
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendants held Bible study gatherings in their home for members of their church. Defendants received no payment or other benefits from holding the meetings at their home. After a snowfall, Mr. Kinney shoveled the driveway one evening. That night, ice formed on the driveway without Defendants’ knowledge. When Plaintiff arrived early the next morning for Bible study, he slipped on the ice and broke his leg. Plaintiff sued Defendants, arguing that he was an invitee in their home and was therefore owed the duty of care to protect him from both known dangers and those that could be determined by a reasonable inspection. The trial court granted summary judgment in favor of Defendants on the basis that Plaintiff was a licensee and only owed a duty of care to protect him from known dangers. Plaintiff appealed.
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