This section contains the nature of the case and procedural background.

D owns land upon which its office building is located. Its property includes an undeveloped, open field that abuts a residential area. Unknown to D, P entered the field late one evening to retrieve his sister's dog. Walking in darkness, he fell in a ditch and injured his knee. P sued D claiming D was negligent in its maintenance of the property. D filed a motion for summary judgment alleging the undisputed facts established that the P was a trespasser and there were no facts to support a finding that the defendant breached its limited duty of care to a trespasser. The court granted summary judgment, ruling (1) as a matter of law, that was a trespasser, (2) the applicable standard of care was the avoidance of willful and wanton injury, not negligence, and (3) there were no facts showing d breached this duty of care. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.