Spicer Ranch v. Schilke

Sievers, Judge.

Spicer Ranch, a partnership, appeals from the decision of the district court for Chase County which granted summary judgment in Spicer Ranch’s favor regarding its negligence claim against Larry Schilke, but granted summary judgment in Schilke’s favor on the damages issue. While this appeal involves the proper measure of damages for trees which burned as a result of Schilke’s admitted negligence, we ultimately decide that summary judgment on the damages issue was improper, because material issues of fact exist which as a matter of law prevent summary judgment as to damages, and…