Wrinkle v. Norman

301 P.3d 312 (2013)

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Wrinkle v. Norman

Kansas Supreme Court
301 P.3d 312 (2013)

  • Written by Rose VanHofwegen, JD

Facts

Rodney Wrinkle (plaintiff) saw that some cattle belonging to his neighbors, Gene and Charlene Norman (defendants), were loose and straying toward the highway. Wrinkle herded the cattle through the open gate into the Normans’ yard. A calf caught its neck in a clothesline wire hanging from a pole and started to choke. Wrinkle grabbed the other end of the wire and flipped it to free the calf. The calf started running, and the clothesline caught Wrinkle from behind, knocking him backward onto concrete, breaking his back. Wrinkle sued the Normans for negligence, alleging that the clothesline and open gate created an unreasonably dangerous condition. The trial court granted the Normans summary judgment, reasoning that the Normans owed Wrinkle no duty of care as a trespasser. The appellate court affirmed on the ground that no evidence showed that the Normans actually owned the cattle, and they owed no duty of care greater than that owed a trespasser even if Wrinkle’s entering their property was privileged due to private necessity. Wrinkle appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence/Dissent (Rosen, J.)

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