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Duren v. Kunkel

Missouri Supreme Court

814 S.W.2d 935 (1991)

Facts

Duren (plaintiff) and Kunkel (defendant) are neighbors. Each own and operate farms and occasionally help each other with chores. Kunkel had recently bought a limousin bull, a breed known to be aggressive. Kunkel got the bull at a lower price because the bull snorted and pawed and tried to climb the fence when it was in the sale ring. After Kunkel bought the bull, Kunkel kept the bull in a separate pen for a few days so the bull could settle down. Duren was helping Kunkel with separating Kunkel’s cattle and castrating the calves. Kunkel directed Duren to move the limousin bull out of its corral. The path took the bull near a pool of blood where the calves had been castrated. Duren moved the bull by himself. Bulls naturally become aggressive when exposed to the smell of blood. When the bull got close to the blood, it turned and attacked Duren, knocking him unconscious and causing serious and permanent injuries. Duren sued Kunkel and won in the trial court. Kunkel appealed.

Rule of Law

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Issue

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Holding and Reasoning (Holstein, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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