Zuther v. Schild

The opinion of the court was delivered by This is an appeal by the plaintiff, Susan K. Zuther, from summary judgment entered against her and in favor of the defendants, Joyce and Alvin Schild, in an action for damages for personal injuries sustained by plaintiff in a fall at the home of defendants. The issues are whether we should abandon the traditional classification of trespasser, licensee and invitee, and the corresponding duties owed to each; and whether plaintiff was an invitee or a licensee under the undisputed facts. As to the first issue, we considered discarding the classifications, and declined to do so, in Gerchberg v. Loney, 223 Kan. 446, 576 P.2d 593 (1978). We adhere to the conclusion so recently reached.