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

P and D are longtime friends and neighbors. P has raised cows, horses, and occasionally pigs and goats, and eventually sheep. D has bred sheep for over 30 years. Because D's land is prone to flooding, P has allowed D to keep some of his livestock on P's property. In the summer of 2012, D purchased a ram to replace his existing ram. The replacement ram was eight or nine months old and weighed about 150 pounds. It showed no vicious tendencies. P had been with D when D made the purchase, and they took the ram directly to P's property, where, for the following month, it caused no problems. D described it as “real friendly. He'd come up to me several times when I was changing water, and I'd pet him.” On August 20, P went into his yard to turn on his sprinklers. D had put several ewes in the pasture with the ram. P walked past them and toward the five-foot sprinklers in the pasture. Just as he touched the valve at the top of the sprinklers, the ram butted him from behind, knocking him to the ground. The ram continued to “jump up in the air and then he'd hit me with his head,” knocking him out “a couple of times,” for as much as 30 minutes. A neighbor saved P by throwing cantaloupes she had at the ram. P was able to crawl to the gate. A Neighbor helped him out and slammed the gate on the charging ram. P, then 82 years old, suffered a concussion, five broken ribs, and a broken sternum and shoulder. He was hospitalized for 16 days. P filed this action. P did not contend that the ram was abnormally dangerous, and he refused to accuse his friend of negligence. D admitted that he had owned as many as three “mean” rams over the years, but that “on my place, if they're the least bit mean, they go real quick.” D had selected this ram because it was the “friendliest” of three that the seller had raised on a bottle after their mother died. P relied exclusively on strict liability and asked the court to extend that to the owners of all rams, not just those known to be abnormally dangerous. D moved for summary judgment, and it was granted. P appealed.

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