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

Ms Moeller accompanied her friend Pat Drake to D's church to attend bible study. Ms Moeller accompanied her friend Pat Drake to D's church to attend bible study. Ms. Moeller was not a member of the church. Drake parked her car in the church parking lot. Ms Moeller tripped and fell over a tire stop, fracturing her left arm. P sued D, claiming that D negligently placed the concrete tire stops and failed to provide adequate lighting in the parking lot. The trial court determined that Ms. Moeller was a licensee and not an invitee at the time of the accident. The judge instructed the jury on the duties owed to licensees. The trial court gave the following instructions: The possessor of land or premises is liable for physical harm caused to the licensee by a condition on the premises if, but only if, (A) the possessor knew or should've known of the condition, and should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that she would not discover or realize the danger and (B) the possessor failed to exercise reasonable care to make the conditions safe or to warn the licensee of the condition and the risk involved, and (C) the licensee did not know or have reason to know of the condition and risk involved. The jury returned a verdict in favor of D. P appealed, contending that the trial court erred in determining that she was a licensee at the time of her accident. The Court of Appeals held that the plaintiff was a 'public invitee' as defined in 2 Restatement Torts, 2d, § 332, and not a licensee. The appeals court reversed. D appealed.

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