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Crow v. Kansas City Power & Light Co.7/5/2005
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Huxoll v. McAlister's Body & Frame, Inc. , 129 S.W.3d 33, 35-36 (Mo. App. W.D. 2004) (internal citations omitted).
The facts of this case do not fit within the exception, since Appellants have failed to explain why Respondents Crico and Equity Residential should have expected that Dority, after exercising due care, would be unable to protect himself from the obvious risk of danger presented by the overhead power lines running behind Unit 9. As noted supra , "a possessor of land is not an absolute insurer of the well-being of its invitees," but is entitled to expect that they will exercise ordinary prudence and judgment to "take the minimal steps necessary to avert a tragedy" arising from an open and obvious yet dangerous condition on the land and may reasonably rely on them "to employ the simple means at their disposal to prevent this harm from occurring." Harris, 857 S.W.2d at 226, 227; see also Huxoll , 129 S.W.3d at 36, 37. Clearly, this tragedy could have been avoided if Dority had simply carried his uninsulated aluminum ladder in a horizontal rather than vertical position while he was moving the ladder in proximity to the overhead power lines some fifteen to twenty feet away from the rear of Unit 9 or if he had used an insulated or non-metallic ladder to perform the work. Point denied.
For all these reasons, the judgment of the circuit court is affirmed.
All concur.
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