Hayes v. D.C.I. Properties-D KY, LLCAnnotate this Case
The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s personal injury action, holding that the trial court and the Court of Appeals did not err in their respective analyses of the matter as to whether Plaintiff’s status as a trespasser was mitigated by the attractive nuisance option.
Plaintiff, who was sixteen years old at the time, was injured while a trespasser on Defendant’s construction site. Plaintiff, through his parents as next friends and natural guardians, filed this action alleging negligence based on attractive nuisance. The trial court granted Defendants’ motions for summary judgment, noting Plaintiff’s age and his awareness of the dangers inherent in heavy construction equipment. The Court of Appeals affirmed. The Supreme Court affirmed, holding (1) the doctrine of attractive nuisance was inapplicable to this situation, where Plaintiff, a minor trespasser, occupied the same position as an adult; and (2) the record contained no evidence that Defendants intentionally inflicted Plaintiff’s injuries by willful, wanton, or reckless conduct.