This section contains the nature of the case and procedural background.

D hired Solid Rock Builders (D) to build an ocean-front home on his property. D lived in a cottage located forty-two feet away from the site of the new house. D invited P and his family to join him and other guests for Easter dinner at his cottage. After dinner, P, accompanied by his adult son, went outside for a cigarette. It was cloudy and raining. P and his son walked toward the new home. There were no lights on in the new home. The construction remained incomplete. They entered the partially enclosed structure. After walking about twenty feet, P fell through an uncovered chimney hole. P did not inform D that he was going to look at the new house. P had also made earlier visits to the construction site to salvage doors and windows. P sued Ds and Ds moved for summary judgment. The court found P to be an invitee inside the cottage and on the surrounding grounds, but not for the new house. P appealed.

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