(dissenting) — This case came before the court on summary judgment sought by and granted to defendants. As has been stated in numerous cases, on reviewing a summary judgment, the court must consider the facts submitted and all reasonable inferences from the facts in the light most favorable to the nonmoving party. Hartley v. State, 103 Wn.2d 768, 774, 698 P.2d 77 (1985); Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982). "The burden is on the moving party to prove there is no genuine issue as to a fact which could influence the outcome at trial." Hartley, at 774. In reviewing the Scha-fers' motion for summary judgment, the majority's opinion places the burden on plaintiff, the nonmoving party.
An owner of land owes no duty to trespassers except to refrain from willfully or wantonly injuring them. Ochampaugh v. Seattle, 91 Wn.2d 514, 518, 588 P.2d 1351 (1979); Winter v. Mackner, 68 Wn.2d 943, 945, 416 P.2d 453 (1966); Evans v. Miller, 8 Wn. App. 364, 367, 507 P.2d 887, review denied, 82 Wn.2d 1005 (1973). The majority concludes the Schafers' behavior did not rise "to the level of wanton or willful misconduct" because they attempted to post signs and mark the cable. Majority opinion, at 549.
*553There is, however, a distinction between "willful" and "wanton" misconduct. "[W]ilful misconduct is characterized by intent to injure, while wantonness implies indifference as to whether an act will injure another." Adkisson v. Seattle, 42 Wn.2d 676, 684, 258 P.2d 461 (1953) (quoting 38 Am. Jur. Negligence § 48, at 693 (1941)).
In examining the facts most favorable to plaintiff, no evidence was produced which would indicate a willful or intentional act by the Schafers to harm him specifically or trespassers generally. The issue of wanton misconduct, however, is open to inquiry.
Whether the doctrine of wanton misconduct applies is a question of law. Evans v. Miller, supra at 368. On summary judgment, the trial judge must consider two questions in determining whether the issue of wanton misconduct should go to the jury. (1) Does the evidence infer that a reasonable person would know, or have reason to know, in a high degree of probability, that harm could occur by the action taken, and (2) do the surrounding facts indicate a reckless disregard for the consequent harm? See Adkisson v. Seattle, supra at 687; 57 Am. Jur. 2d Negligence §§ 101-03 (1971).
The Evans court was faced with facts nearly identical with this case. The plaintiff was driving his motorcycle on the defendants' access road when a cable, stretched across the roadway, struck his neck. The court examined whether the evidence was sufficient to create a jury question. In examining the facts, the court stated:
[Wjanton misconduct is stringing the cable and allowing it to become so rusty and brown that it thereby becomes partially concealed, with reason to believe that such persons use the road and will strike it but with indifference as to whether they strike it or not.
Evans v. Miller, supra at 369.
Here, the evidence submitted to the trial court raised genuine issues as to material facts. First, the court must look to evidence indicating whether the Schafers knew or should reasonably have known their conduct would, in a *554high degree of probability, result in substantial harm to someone using their road. The affidavit of Eric Sullivan, a neighbor of the Schafers, does not refute the reasonable possibility that a private road leading off a public road will eventually be traveled by someone without knowledge of a cable. The majority dismisses this prospect by stating "the guardian has failed to present evidence that the Schafers knew or should have known that trespassing motorcyclists could have been expected to use the road ..." Majority opinion, at 551.
In making this distinction, the majority has lost sight of the law by focusing on the particular facts. Whether pickup trucks might travel the road to steal gravel or motorcyclists might travel the property to take a shortcut, the Schafers could reasonably expect a motor vehicle would use their road. Obviously, the two boys in this case did.
Next, the adequacy of the cable markings creates a question on the issue of wanton misconduct. The affidavits and photographs of the accident scene raise questions as to whether the surrounding area gives notice to a trespasser, whether innocent or not, that a cable exists. As observed by the Court of Appeals:
[T]he affidavit submitted by Russell's mother . . . stated that she could not see the sign until she was practically on the cable or unless she went off the roadway to the right. In addition, a photograph of the accident scene taken the day after the accident showed that the cable and the ribbons were barely discernible when viewed against the backdrop of gravel and foliage. The run-down condition of these markings suggests that the Schafers were indifferent regarding whether or not someone would collide with the cable.
Johnson v. Schafer, 47 Wn. App. 405, 411, 735 P.2d 419 (1987).
Moreover, in her affidavit Russell's mother stated the sagging cable hung about 1 foot off the ground. These facts are critical to the question of the Schafers' conduct.
Therefore, I find genuine issues of material fact have been raised which can only be determined at trial. The *555majority has' improperly shifted the burden of proof in a summary judgment proceeding. I would affirm the Court of Appeals and remand this case for a trial on the merits.
Utter, Dore, and Goodloe, JJ., concur with Dolliver, J.