Kelly v. Hochberg

This is a legal malpractice action in which plaintiff contends that defendant, his former attorney, negligently handled his personal injury action by failing to assert claims against the owner of the land where the injury occurred. The trial court concluded that the owner of the land was immune from liability for injuries that arose out of the use of its property for recreational purposes and that, because plaintiffs injuries arose out of such recreational use, no personal injury action could have been successfully maintained against the owner. Accordingly, the court granted summary judgment in favor of defendant. Plaintiff appeals, arguing that the court erred in concluding that the activity that he was engaged in at the time of his injuries amounted to the sort of recreational use that afforded the owner of the land immunity from liability. We affirm.