Is Liability of An Individual Determined by His Status As a Licensee or Trespasser ?
In Keesecker v. G.M. McKelvey Co. (1943), 141 Ohio St. 162, 47 N.E.2d 211, a deliveryman entered plaintiff's screened porch and advanced to the main door to deliver a package. Id. at 163.
However, the deliveryman had mistakenly gone to the wrong home to make the delivery. Id.
Unbeknownst to the deliveryman, a five year old mentally handicapped girl was playing inside the screened porch by herself. Id.
While the deliveryman was attempting to deliver the package, the young girl fell out of the porch entryway and sustained injuries. Id. at 164.
The young girl's family brought trespass and negligence actions against the deliveryman for the injuries sustained by the girl. Id.
The Ohio Supreme Court determined that the status of trespasser or licensee was an issue of material fact because the status of the deliveryman was determinative of his liability. Id. at 168.