Thompson v. Kaczinski

774 N.W.2d 829 (2009)

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Nature of the Case

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Facts

Ds resided in rural Madison County, on property abutting a gravel road. Ds disassembled a trampoline and placed its component parts on their yard approximately thirty-eight feet from the road. They did not secure the parts in place. A severe thunderstorm moved through the area and displaced the top of the trampoline from the yard to the surface of the road. P swerved to avoid the obstruction on the road and lost control of his vehicle. Ds were awakened by P's screams at about 9:40 a.m., shortly after the accident. When they went outside to investigate, they discovered the top of their trampoline lying on the roadway. Ps sued Ds for breached statutory and common law duties by negligently allowing the trampoline to obstruct the roadway. Ds moved for summary judgment; they owed no duty under the circumstances because the risk of the trampoline's displacement from their yard to the surface of the road was not foreseeable. The district court granted the motion, concluding Ds breached no duty and the damages claimed by Ps were not proximately caused by Ds' negligence. Ps appealed.