Pearson v. McPhillips and Raulston

¶1 Gabriel Pearson appeals an order of the Ninth Judicial District Court, Toole County, granting summary judgment to Bernice McPhillips and relieving her of liability for a fire James Raulston started while cutting scrap metal on McPhillips’ property. We address:

1. Whether the District Court erred in finding that McPhillips and Raulston were not engaged in a joint venture.

2. Whether the District Court erred in finding that using a cutting torch is not an inherently dangerous activity.

¶2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In early 2012, Raulston started a scrap metal business,…