Booker v. Peterson Companies, 412 F. App'x 615

This appeal concerns Kimberly A. Booker and Alphonso Booker challenging a district court judgment on the pleadings in favor of Peterson Companies.
Diversity jurisdiction applies and Maryland law governs the substantive claims.
Alexander L. Booker, deceased, was a trespasser on Peterson’s property at the time of the fatal accident.
Under Maryland law, a landowner’s duty to a trespasser is limited to refraining from willful or wanton injury once the trespasser’s presence is known.
Appellants contend the ATV ignition system alteration was willful or wanton; the district court rejected this characterization.
The Fourth Circuit affirmed, declining to create an exception to Maryland law and holding Maryland law controls the duty owed to trespassers.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty owed to trespassers under Maryland law	Booker asserts an exception to Maryland’s duty rule.	Peterson contends no duty beyond willful/wanton liability.	No duty beyond willful/wanton; Maryland law governs.
Whether ATV ignition alteration constitutes willful or wanton misconduct	Alteration shows willful/wanton conduct.	Maryland precedent does not support willful/wanton classification here.	Not willful or wanton; owner not liable for trespasser injuries.

Wells v. Polland, 708 A.2d 34 (Md. Ct. Spec. App. 1998) (landowner owes limited duty to trespassers; no duty to make land safe)
Fitzgerald v. Montgomery Cnty. Bd. of Educ., 336 A.2d 795 (Md. Ct. Spec. App. 1975) (trespassers’ status limits owner liability)
St. Paul Fire & Marine Ins. Co. v. Jacobson, 48 F.3d 778 (4th Cir. 1995) (federal courts apply state law in diversity; reject policy rewrites)
Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938) (application of state substantive law in diversity cases)
Colgan Air, Inc. v. Raytheon Aircraft Co., 507 F.3d 270 (4th Cir. 2007) (parity with Rule 12 standards in pleading context)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state plausible claim)