BALDWIN BY BALDWIN v. MOSLEY

No. 88-13.

748 S.W.2d 146 (1988)

295 Ark. 285

Josh L. BALDWIN, a minor, by his father and next friend, Jerry BALDWIN, Appellant, v. Curt MOSLEY, Appellee.

Supreme Court of Arkansas.

April 25, 1988.


Attorney(s) appearing for the Case

D. Scott Hickam, R. Keith Arman, Hot Springs, for appellant.

Wright, Lindsey & Jennings, Little Rock, for appellee.


GLAZE, Justice.

This is a tort case in which this court is asked again to reject its adherence to the common-law distinction between a licensee and an invitee. Appellant, Josh Baldwin, was eleven years old and was undisputedly a licensee at the time of his injury. The trial court granted appellee's (Curt Mosley's) motion for summary judgment, finding (1) that the facts failed to show Mosley violated any duty owed to Josh as a licensee and (2) that, in any event, Josh...

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