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Inkel v. Livingston

Maine Supreme Judicial Court

869 A.2d 745 (2005)

Relevant factsFree

Livingston (defendant) invited Inkel (plaintiff) and his family to Easter dinner at his cottage while a new house was being built by Solid Rock Builders (defendant) some 42 feet away; after dinner, Inkel walked with his son in the rain at dusk to the unlit, partially built construction site (which he had previously visited to salvage windows and doors) and fell into an uncovered chimney hole 10 to 20 feet inside. The trial court found Inkel's invitation extended only to the cottage and granted summary judgment against him; Inkel appealed, arguing he had an implied invitation to enter the construction site.

IssueFree

Whether an invitation to enter property extends only to those areas where the owner gave the guest reason to believe he was invited for purposes of that invitation.

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