Gable v. Gable (Signed Opinion)
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In this premises liability case, the Supreme Court reversed the order of the circuit court dismissing Plaintiff's complaint, holding that the circuit court plainly erred in making factual determinations based upon assertions in Defendant's motion to dismiss.
Plaintiff asserted that, during a visit to Defendant's house, an object on Defendant's front porch stairs caused him to slip, fall, and be injured. The circuit court dismissed the complaint, concluding that because the complaint did not allege facts demonstrating that Plaintiff was not a trespasser on Defendant's porch, then Plaintiff was a trespasser who was owed no duty of care. The Supreme Court reversed, holding (1) the circuit court plainly erred in making factual determinations based upon assertions in Defendant's motion to dismiss; and (2) the complaint stated a claim, and dismissal was improper.
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