Duren v. Kunkel
Missouri Supreme Court
814 S.W.2d 935 (1991)
- Written by Brian Meadors, JD
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
Issue
Holding and Reasoning (Holstein, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.