Carter v. Kinney

896 S.W. 2d 926 (1995)

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Nature of the Case

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Facts

The Kinney's (D) hosted a bible study, sponsored by the Northwest Bible Church, at their home. Some of the bible studies were held at the church, and others were at the homes of members. Those who were interested signed up at the church. Carter (P), a member of the church came to D's for one of the morning sessions, and slipped on a patch of ice on the driveway, breaking his leg. D had shoveled the driveway the night before and was not aware that ice had formed overnight. P had no social relationship with the D's or the other participants. D received neither a financial nor other tangible benefit from P in connection with the Bible study class. The trial court sustained D's summary judgment motion on the ground that P was a licensee and that D did not have a duty to P with respect to the dangerous condition that they did not know about. P appealed.