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KESSLER v. MORTENSON

No. 981847.

16 P.3d 1225 (2000)

2000 UT 95

Patricia KESSLER, on behalf of her minor child, Eric Kessler, Plaintiff and Appellant, v. Randy MORTENSON, and/or CRM Construction, Stephen Sheffield, and John Does I through V, Defendants and Appellees.

Supreme Court of Utah.

December 5, 2000.

Attorney(s) appearing for the Case

Fred R. Silvester, William B. Lockhart, Spencer Siebers, Salt Lake City, and Aaron J. Prisbrey, St. George, for plaintiff.

Jeffery C. Peatross, R. Phillip Ivie, David N. Mortensen, Provo, and William J. Hansen, Karra J. Porter, Salt Lake City, for defendants.

WILKINS, Justice:

¶ 1 Plaintiff Patricia Kessler, on behalf of her minor child, Eric Kessler, appeals two orders granting defendants' motions for summary judgment. Six-year-old Eric Kessler was injured while playing in a partially-constructed home. The trial court determined that Eric was a trespasser and, relying on two cases which held that the attractive nuisance doctrine was inapplicable to injuries to children at residential construction sites, Taylor...

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