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Rivero v. Lovington Country Club Inc.9/18/1997
rts ยง 335 (1965).
{11} Thus, summary judgment was improperly granted to Defendant in the case on appeal. We believe that a reasonable jury could conclude that Defendant acted "in utter disregard for the consequences" if Defendant welded the gate closed, failing to warn David or Plaintiff, despite Defendant's knowledge that David rode his four-wheeler on the property with Defendant's permission.
Conclusion
{12} We reverse the district court's grant of summary judgment to Defendant and remand for further proceedings consistent with this opinion.
{13} IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
HARRIS L HARTZ, Chief Judge
LYNN PICKARD, Judge
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