Section 13.26 Wells

• Library: Tort Law 2016

B. (§13.26) Wells Rule

In 1969, the Supreme Court of Missouri, en banc, rejected the old rule and adopted Restatement of Torts § 342 (1934). Wells v. Goforth, 443 S.W.2d 155 (Mo. banc 1969). The plaintiff, Grace Wells, was a social guest—and, therefore, a licensee—at the home of George and Eileen Goforth. As Wells was leaving the home, she slipped and fell on an ice-covered portion of the Goforths’ front porch. In her subsequently filed lawsuit, Wells attempted to obtain recovery under the ultrahazardous exception to...