LYLE v. BOULER

87-1529.

547 So.2d 506 (1989)

Darrel Scott LYLE v. William BOULER.

Supreme Court of Alabama.

Dissenting Opinion July 21, 1989.


Attorney(s) appearing for the Case

Lee L. Hale, Mobile, for appellant.

Jerry A. McDowell and Walter T. Gilmer, Jr. of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, for appellee.


KENNEDY, Justice.

This is an appeal from a grant of summary judgment in favor of the defendant landowner. The issue is whether the landowner may owe a duty of care to a trespassing minor over the age of 14.

The appellant was 16 years old when he drove with a friend onto the property of the appellee without permission. He parked the car at a clay pit, which had not been used commercially since 1978. The two boys repeatedly...

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