Farrell v. Farrell

Plaintiff minor, by his mother, filed complaint claiming that Defendant (minor's paternal grandmother)acted negligently as to incident on Defendant's property when Plaintiff (then age 12) was injured while riding dirt bike, when he collided with ATV driven by another minor. Court properly granted summary judgment for Defendant. Operating a dirt bike in an area with diminished visibility due to tall corn on Defendant's property was an open and obvious danger that Plaintiff should have appreciated. Plaintiff had operated dirt bikes and ATVs on Defendant's property on prior occasions. No exceptions to open and obvious rule apply. Defendant had no duty to protect Plaintiff from this open and obvious danger. (O'BRIEN and SCHMIDT, concurring.)