GYMNASTICS USA v. McDougal

This is an action for property damage arising out of a fire. The only parties to this appeal are Gymnastics USA (plaintiff) and defendants Jeffrey McDougal and Damon Jensen. Appellant originally pled claims for negligence, trespass and abnormally dangerous activities. The case was submitted to the jury solely on the trespass claim. A judgment was entered on a verdict for defendants. This appeal involves only the trespass claim.

On June 30, 1984, defendant McDougal, then 10 years old, and his mother bought fireworks for the Fourth of July. Without his mother’s knowledge, McDougal took some of…