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Keywords

plaintiffwillsustainedduty of care

plaintiffdefendantappealwillduty of carecommon law

Related Cases

Tantimonico v. Allendale Mut. Ins. Co., 637 A.2d 1056

Facts

On May 5, 1985, Guy Tantimonico, Jr., and John McPhillips, Jr. were riding motorcycles on undeveloped property owned by Allendale Mutual Insurance Company in Johnston, Rhode Island. Both motorcyclists collided head-on while riding independently on the property, resulting in severe injuries that required extensive hospitalization. The plaintiffs were trespassers, having entered the land without permission for the purpose of riding their motorcycles.

The facts of this case are not in dispute. On May 5, 1985, Guy Tantimonico, Jr., and John McPhillips, Jr. (plaintiffs), were riding motorcycles on a piece of undeveloped property owned by Allendale Mutual Insurance Company (defendant) located near its corporate headquarters in Johnston, Rhode Island. While independently riding their motorcycles on the property, plaintiffs, both in their twenties, collided head on with each other.

Issue

Did the landowner owe a duty of care to the trespassing motorcyclists who were injured in a collision on the property?

Rule

A landowner owes a trespasser no duty to discover, remedy, or warn of dangerous natural conditions, except to refrain from willful or wanton injury after discovering the trespasser's peril.

Traditionally at common law the possessor of land owed a trespasser 'no duty to discover, remedy, or warn of dangerous natural conditions.'

Analysis

The court applied the rule by determining that the plaintiffs were trespassers who entered the land without permission. The court noted that the injuries sustained were a result of the plaintiffs' own negligent behavior while riding their motorcycles. Since the landowner had no duty to protect trespassers from their own actions, the court found that the landowner could not be held liable for the injuries sustained by the plaintiffs.

The court concluded that this landowner owed these plaintiffs no duty save to refrain from willful or wanton injury.

Conclusion

The court affirmed the Superior Court's decision, concluding that the landowner owed no duty to the plaintiffs except to refrain from willful or wanton injury.

For these reasons the plaintiffs' appeals are denied and dismissed, the judgments appealed from are affirmed, and the papers of the case are remanded to the Superior Court.

Who won?

Allendale Mutual Insurance Company prevailed because the court found that the landowner had no legal duty to the trespassing motorcyclists.

The court concluded that the landowner owed no duty to the plaintiffs except to refrain from willful or wanton injury.

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