Schexnaider v. State Farm Insurance

KLEES, Judge.

Defendant, State Farm Fire & Casualty Company, appeals the trial court’s judgment awarding plaintiff damages for an eye injury he received when a rope he was using broke. The rope belonged to defendant’s insured, and at the time of his injury, plaintiff was using it while trimming a branch from a large tree in the backyard of defendant’s insured. The trial court found defendant strictly liable for plaintiff’s injury. After reviewing the record, we find no basis for strict liability; however, we do find that the negligence of defendant’s insured was a cause of plaintiff’s injury.

On…