Cited by

See Nicoletti v. Westcor, Inc., -43 (1982).

260 Ariz. at 483, ¶ 33 (citing Nicoletti v. Westcor, Inc., ).

260 Ariz. at 483, ¶ 33 (citing Nicoletti v. Westcor, Inc., ).

Nicoletti v. Westcor, Inc.

Nicoletti v. Westcor, Inc.

¶ 2 (2018) (“[F]oreseeability is not a factor in determining duty.”); cf. Nicoletti v. Westcor, Inc., (rejecting argument by shopping center employee, injured after attempting a shortcut exit through decorative foliage, that the owner owed her a duty because it “knew or should have known” that employees were crossing the planter; this knowledge did not bring the planter within the area of the business’s in

See Nicoletti v. Westcor, Inc.

The court determined Rachelle had exceeded her invitation’s scope by entering the landscaping and, as a result, Ernst and Schneider “no longer owed her the same duty that is owed to invitees.” Relying on our supreme court’s decision in Nicoletti v. Westcor, Inc., the court reasoned that Rachelle had attempted a shortcut through the “clearly landscaped” gravel area, which no reasonable person could have regarded as a designated walkway.

Nicoletti v. Westcor, Inc., -43 (1982).

“A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.” Nicoletti v. Westcor, Inc., (internal quotations and citations omitted).

at 567 ¶ 23 (stating that a duty exists based on a landowner-invitee and landowner-licensee special relationship); Nicoletti v. Westcor, Inc., (stating that a possessor of land owes a duty of care to entrants on their property); Restatement (Second) of Torts §§ 314A, 341–343A (Am.

a person “invited to enter or remain on land for a purpose directly or indirectly connected with business dealings” of the landowner; a trespasser is someone who enters or remains on another’s 10 LANE v. GAVILAN PEAK Decision of the Court land “without a privilege to do so.” Nicoletti v. Westcor, Inc., –43 (1982) (quoting Restatement §§ 329, 332).

¶ 10 (App. 2015) (citing Nicoletti v. Westcor, Inc., ).

See Nicoletti v. Westcor, Inc., -43, -33 (1982).

See Nicoletti v. Westcor, Inc., -43, -33 (1982); Hicks v. Superstition Mountain Post No. 9399, (Arizona courts generally follow Restatement unless rules, statutes, or caselaw have adopted contrary positions).

§ 33-1551; Nicoletti v. Westcor, Inc., - 43, -33 (1982); Shannon v. Butler Homes, Inc., -17, -95 (1967).3 A possessor of land is: (a) a person who is in occupation of the land with intent to control it or (b) a person who has been in occupation of land with intent

See Nicoletti v. Westcor, Inc.

P. 56(c); Nicoletti v. Westcor, Inc.

P. 56(c)(1); accord Nicoletti v. Westcor, Inc.

See generally Nicoletti v. Westcor, Inc., -43 , -33 (1982); Shannon v. Butler Homes, Inc., -17 , -95 (1967).

Nicoletti v. Westcor, Inc.

Nicoletti v. Westcor, Inc.

A business visitor or invitee is “a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land.” Nicoletti v. Westcor, Inc., , quoting Restatement (Second) of Torts § 332 (1965)

FACTS Viewing the evidence in the light most favorable to the non-moving party, Nicoletti v. Westcor, Inc., , the facts are as follows.

A public invitee is defined as “a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public.” Nicoletti v. Westcor, Inc., , citing Restatement (Second) of Torts § 332(2) (1965).