MEMORANDUM OF LAW

Ross entered Phoebe and JoeyÆs property (the Central Park water/amusement park) as an invitee. Therefore, Phoebe and Joey owed Ross the duty of ordinary and reasonable care, including the duty to warn him of latent defects. However, Ross suffered an injury from an ôobvious and apparentö danger, and cannot recover against the defendants.

Every summer from 1993 to 1998, Ross and Rachel vacationed at a campsite and water/amusement park. Phoebe and Joey, their friends, own and operate the campsite and the adjacent water/amusement park called Central Park. Phoebe and Joey let Ross and Rachel stay for a reduced rate, or even let them stay free. Phoebe and Joey closed Central Park early one night during each of those visits and invited Ross and Rachel and another pair of friends to use the park without the rest of the ôgeneral public.ö

In July 1999, Ross and Rachel called Phoebe and Joey to set up their annual visit. Unfortunately, Phoebe informed them that she and Joey would be out of town on the date Ross and Rachel had selected. Ross and Rachel said they would come another time, and Phoebe replied that ôthey we

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er. Property owners owe invitees the duty of ordinary and reasonable care. This duty requires the landowner to maintain the property in a reasonably safe condition and warn invitees of ôlatent or concealed defects or perils of which the possessor has or should have knowledge.ö Zenisek v. Haycock, 218 Ohio App. 3d 299, 300, 384 N.E.2d 34, 35 (Ohio App. 1994). A licensee is someone who enters the property of another by permission or acquiescence, for the licenseeÆs benefit or pleasure. A licensee does not enter by invitation, and a licensee enters the property at the licenseeÆs risk. A landowner owes the licensee a minimal duty to ôrefrain from willfully or wantonly injuring [the licensee] and to warn [the licensee] of hidden dangers.ö Stiner v. Dechant, 401 Ohio App. 3d 81, 82, 552 N.E.2d 57, 58 (Ohio App. 1996). A trespasser is someone who enters the property of another without permission or acquiescence, and solely for the trespasserÆs benefit. Landowners only owe trespassers the duty to ôrefrain from willful or wanton misconduct.ö Stiner, 401 Ohio App. 3d at 82, 552 N.E.2d at 58. Ross clearly does not qualify as an invitee. Phoebe and Joey received no benefit from RossÆ presence on their property at the water park.
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Approximate Pages = 6 (250 words per page)

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