No Liability Affirmed on Appeal

Daniel C. Mooney prevailed on appeal in the matter of Dupreus, et al. v. Homeowner in Division I of the Court of Appeals. Dan’s client owned a house within a homeowners’ association. The homeowner’s tenants hosted a birthday party at the homeowners’ association’s waterfront park. Plaintiffs alleged the negligence of the homeowner caused the drowning death of a 14-year-old at the party. The trial court dismissed their claims on summary judgment, and plaintiffs appealed. In upholding the grant of summary judgment, the Court of Appeals held that Dan’s client owed no duty to warn the party-goers about the open and obvious danger posed by the lake because they were not the possessors of the waterfront park.