Smith v. Kulig
the Special Administrator
Rhonda Smith, Plaintiff and Appellant
v.
Tony Kulig, Defendant and Appellee
Judge Gary A. Holum
| Appellant: | Eaton, Ward & Associates | |
| Appellee: | Pringle & Herigstad, P.C. |
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Issue. I. Whether the District Court erred in holding that having been invited into the building Kelly Smith was a trespasser? Accordingly, was the District Court applying the wrong standard to the case by determining that he was a trespasser.
Issue. II. Whether if the District Court was correct in holding that the owner of the building has only a duty to avoid Willful and Wanton conduct that the facts in this case show Willful and Wanton behavior as to Kelly Smith by the owner's failure to inspect the fire escape at 119 South Main Street, Minot, ND, or keeping it in reasonably good shape for the ten (10) years he owned it such behavior that it is as a matter of law he did engage in Willful and Wanton behavior?
Issue. III. Is failing to inspect or care for a fire escape so that it falls from the wall such negligence acting in such a grossly negligent manner as to constitute willfulness or wantonness? It is contended that the facts are such in this case that it is unreasonable for the Court on the facts existing to support a verdict that there was not a decree of negligence to support the defendant even if the standard was willfulness or wantonness and certainly if he was an invitee so that there should be liability
Appellee's Statement of the Issues:
I. Smith was a trespasser.
II. Kulig violated no duty to Smith.
III. Previous trespasses by others did not increase Kulig's duty to Smith.
IV. The trespasser distinction should remain law - landowners are not insurers.
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