Wrinkle v. Norman

301 P.3d 312 (2013)

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Nature of the Case

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Facts

P and his friend Raymond Lee observed four or five cows wandering loose in front of property belonging to D, and some of the cattle were straying toward the highway that ran between P's and D's property. Wrinkle was riding his lawn tractor, and he signaled to approaching cars to slow down. P proceeded to herd the cattle into D's yard. D's gate was open, and P herded the cows through the gate toward a pen. P had no reason to believe that D consented to his entry onto their land. One calf strayed into the clothesline wire caught the line around its neck and began to choke. P grabbed the back of the clothesline and flipped the line several times in order to remove the line from the calf's neck. The calf took off running toward the gate and the clothesline caught Wrinkle from behind. P's feet went out from under him, and he landed on his back on a concrete pad. P immediately experienced severe pain. Lee helped him get home. P had a broken back and was hospitalized for 30 days. P asked D to submit to their insurance carrier a claim for $44,115.72, which was the outstanding balance on his hospital bill. P sued D in negligence alleging that D had created a dangerous condition on their property that presented an unreasonable risk of harm by leaving their gate open and by leaving a clothesline wire running across the ground. D filed a motion for summary judgment claiming that P was a trespasser on their land, that they were not negligent because they were unaware that their clothesline presented a danger, and that P failed to proffer evidence that they did not take reasonable care for the safety of others. The motion was granted and affirmed by the appeals court. P appealed.