Hill v. National Grid

11 A.3d 110 (2011)

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Nature of the Case

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Facts

P accompanied several friends to a grass-covered vacant lot for a game of touch football. While he was running, he suddenly tripped over an unseen metal pole that was protruding from the ground. P fell on the ground and struck a second metal pole, lacerating his left thigh. P was bleeding profusely. P's mother, Rebecca, brought the boy to a local emergency room, where he received treatment for the laceration. The wound eventually healed, but a permanent scar remains. P sued D, a public utility. D asserted that it owed no duty to P under the circumstances because he was a trespasser on its property. Ps pled the attractive nuisance doctrine. The court granted D's motion for summary judgment in that P failed to make any showing that D knew or had reason to know that children were trespassing. P appealed.