Nature of the Case
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Facts
Todd was killed while cutting down a tree at D's house. Todd had been dating D's daughter and that he spent a great deal of time at D's house. Todd had his own key and was free to come and go. Ds were planning a New Year's Eve bonfire around the base of a dead pine tree. They decided to cut down the tree. Todd went to the house, took Ds' chainsaw, and began to cut down the tree. After about forty-five minutes, the tree fell in an unexpected direction and landed on Todd, killing him. Todd had worked with his stepfather cutting and trimming trees. The stepfather testified that Todd did not cut the tree properly. The trial court granted Ds' motion for a directed verdict and ruled as a matter of law that Todd was a licensee and that there was no evidence that Ds were negligent under applicable standards for a licensee. P appealed claiming Todd was an invitee.
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