Carter v. Kinney – Case Brief
Carter v. Kinney, 896 S.W.2d 926 (Mo. 1995) (en banc).
Case Summary
Facts: The Kinneys (D) hosted a bible study meeting at their home. The sessions were sponsored by the Northwest Bible Church and participants signed up for the sessions at the church. The sessions were hosted at various times at the church and at the homes of other members. Carter (P) came to one of the morning sessions, slipped on a patch of ice in the driveway, and broke his leg. Kinney had shoveled the driveway the previous evening and was not aware that ice had formed overnight. D did not receive any financial or other benefit from P in connection with the bible study meeting.
P sued D and the trial court granted D’s motion for summary judgment, holding that P was a licensee and that D did not have a duty to warn P of a dangerous condition of which D was not aware. P appealed.
Issue: What is the duty of a possessor to a licensee?
Holding and Rule: The duty of a possessor to a licensee is to make safe only dangers of which the possessor is aware. Social guests are licensees. The court held that it was irrelevant that D had invited P because there was no material benefit motive and it was not extended to the public. D had not thrown open their premises to the public.
Disposition: Affirmed.
Notes: A person is not an invitee merely because that person was invited. On exams, always classify each person in a fact pattern as an invitee, licensee, or trespasser and analyze the duty owed to each person.