Barnes v. Morganton Baptist Ass'n, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a landowner owed no duty to safeguard against falling from a retaining wall when an invitee knew that falling from the wall was dangerous
• retaining wall at shopping center and drop-off therefrom constituted an open and obvious defect; property owner lacked superior knowledge of defect
• affirming grant of summary-judgment to defendants, where evidence showed that plaintiff was aware of retaining wall and drop-off before choosing to ride bicycle near it
• affirming grant of summary judgment to defendants, where evidence showed that plaintiff was aware of retaining wall and drop-off before choosing to ride bicycle near it
• “As to plaintiff’s nuisance claim, it stems from defendants’ alleged failure to keep the premises safe and, essentially, constitutes a breach of the same duty to protect [plaintiffs].”

Source: CourtListener parenthetical corpus (CC0).