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Leffler v. Sharp

Mississippi Supreme Court

891 So. 2d 152 (2004)

Relevant factsFree

After leaving a bar to escape the heat and noise, Leffler (plaintiff) climbed through an open window onto an adjacent rooftop, ignoring a nearby locked glass door stenciled "NOT AN EXIT," and fell through the roof — an area that had once been a terrace but was closed off as unsafe. Leffler sued the bar owner and building owners (defendants), arguing he was an invitee or licensee rather than a trespasser; the defendants moved for summary judgment, which the trial court granted, and Leffler appealed.

IssueFree

Whether one acts as a trespasser when entering another's premises through a means of access that does not signify an express or implied invitation or permission to enter.

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