Carter v. Kinney

1995

Venue: MO SC

Facts: Kinneys host a bible study group. They've got no particular other affiliation with Carter. It snows, and Kinney shovels before bed. But it gets a little icy over night, and Carter slips on the way to morning Bible study.

Posture: Summary judgment for the Kinney's at trial.

Issue: Was Carter an invitee or a licensee?

Holding: Licensee. The trial court is affirmed.

Rule: Hosts need to make licensees safe from dangers of which they are aware; hosts need to exercise reasonable care to protect invitees from both known and unknown dangers. You're a licensee unless you get an invitation "with the expectation of a material benefit to the possessor from the visit" or an "invitation to the public generally."

Reasoning: There was no material benefit at stake here; there was no commercial relationship; there was no evidence that the public at large were invited. This notion of an intangible benefit to be had from the meeting is not one recognized by MO law.

Dicta: