Attorneys obtained summary judgment in a suit arising out of the drowning of an eight year old boy and near drowning of his mother in a tidal creek

Attorneys obtained summary judgment in a suit arising out of the drowning of an eight year old boy and near drowning of his mother in a tidal creek. The plaintiffs alleged that the defendants negligently designed and maintained a culvert and failed to warn about dangerous tidal currents in an area which was a popular crabbing and fishing spot. The defendant, a land conservatory trust, argued that it had no possession or control over the area and instrumentality involved in the accident, and that it was statutorily immune from liability under the state Landowner's Liability Act which grants immunity to a landowner whose land meets the statute's definition of undeveloped, open and expansive, rural or semi-rural lands. In addition it was argued that the trust could not be liable for the design of the culverts as it was not responsible for design the culverts and liability for an alleged defective design is barred by the Statute of Repose.