Homeowner Liability

Homeowner Liability

Plaintiff entered an office building’s parking lot, which was posted with no-trespassing signs; and as plaintiff ran, he fell off the ledge of a downward-sloping driveway leading to an underground loading dock. District Court did not err in granting summary judgment on plaintiff’s negligence claim on the basis that plaintiff was a trespasser and the record lacks evidence that the property owner should have known of constant intrusions in the driveway area, that the ledge of the driveway was a condition likely to cause death or serious bodily harm, or that the property owner had reason to believe trespassers would not discover the condition. Plaintiff’s negligence per se claim is also barred by the ten-year statute of repose in Minn. Stat. sec. 541.051, subd. 1(a). Jackson v. ReliaStar Life Ins. Co. (Hennepin County)(unpublished). A05-578.