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Thompson v. Kacinski

Iowa Supreme Court
774 N.W.2d 829 (2009)


Facts

James Kacinski (defendant) and Michelle Lockwood (defendant) (collectively Defendants) disassembled a trampoline and placed the pieces untethered near the roadway in front of their house in order for them to be picked up during trash collection. One evening, a storm with heavy winds blew the top of the trampoline into the middle of the road. The following day, Charles Thompson and his wife (the Thompsons) were driving along the road. Charles swerved to miss the trampoline top, lost control of his vehicle, and entered a ditch where the car rolled several times. The Thompsons filed suit against Defendants for negligence. Defendants moved for summary judgment and argued they owed no duty under the circumstances to the Thompsons because the risk that the trampoline top would move from their yard to the middle of the roadway was not foreseeable. The trial court granted Defendants’ motion. The Thompsons appealed. The court of appeals affirmed the trial court’s ruling. The Iowa Supreme Court granted certiorari to review.

Rule of Law

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Issue

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Holding and Reasoning (Hecht, 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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