Thompson v. Kaczinski
Iowa Supreme Court
774 N.W.2d 829 (2009)
James Kaczinski and Michelle Lockwood lived on property next to a road. They placed a disassembled trampoline in their yard, less than forty feet from the road, for later disposal. Wind blew the top of the trampoline onto the road. Charles Thompson, who was later driving on the road, swerved to avoid the trampoline top and was injured when his car rolled into a ditch. Thompson (plaintiff) sued Kaczinski and Lockwood (defendants), arguing that they breached a common law duty by negligently allowing the trampoline to obstruct the road. The district court granted summary judgment in favor of Kaczinski and Lockwood, finding that they owed no duty to Thompson because the risk of the trampoline obstructing the road was not foreseeable, and that their alleged negligence was not the proximate cause of Thompson’s injuries. The court of appeals affirmed. Thompson appealed.
Rule of Law
Holding and Reasoning (Hecht, J.)
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