227 A.3d 667
Md. Ct. Spec. App.2020Background
- Penn Shop Farms LLC (controlled by Daniel Ross) owned fenced, gated property posted "No Trespassing"; it was not open to the public.
- Ross hosted an invitation-only event "Cookout, Bikes, and Music" (~90 guests) and invited attendees to ride ATVs on privately built courses.
- Anthony Martinez, a friend and invited guest, was given an ATV, suffered a catastrophic spinal injury and sued for negligence alleging course design defects.
- Ross and affiliated entities moved for summary judgment invoking the Maryland Recreational Use Statute (NR §§ 5-1101 to 5-1109); the circuit court granted summary judgment, finding the property was "available to the public."
- On appeal the Court of Special Appeals reviewed as a legal question whether the statute’s immunity extends to invitation-only/social-guest situations and reversed the summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Recreational Use Statute immunizes a landowner for injuries to an invited, private social guest at an invitation-only recreational event | Martinez: statute applies only when owner makes land available to the general public; does not bar claims by social guests | Ross: plain statutory language refers to “any person” and therefore shields owners regardless of whether use was open to the public | The statute must be read in light of its purpose to induce public access; immunity applies only when land is made available to the general public, not to social guests; summary judgment reversed |
Key Cases Cited
- Fagerhus v. Host Marriott Corp., 143 Md. App. 525 (2002) (Maryland precedent applying statute where trail was open to public)
- Perrine v. Kennecott Mining Corp., 911 P.2d 1290 (Utah 1996) (statute limited to land made "open to all"; immunity not available for exclusive/private use)
- Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002) (model-act quid pro quo: public access in exchange for immunity)
- Gibson v. Keith, 492 A.2d 241 (Del. 1985) (interpreting model act to require invitation to the general public)
- McMillan v. Parker, 910 S.W.2d 616 (Tex. App. 1995) (statutory immunity intended to induce general public access; not for social guests)
- Bucki v. Hawkins, 914 A.2d 491 (R.I. 2007) (statutory immunity cannot attach when property is not held open to the public)