Domagala v. Rolland

OPINION

ANDERSON, G. BARRY, Justice.

This negligence case requires us to decide whether the failure to warn others of foreseeable harm created by the defendant’s conduct can constitute negligence absent a special relationship between the parties. A jury found appellants Eric Rolland and Rolland Building Corporation not negligent in an incident in which a skid loader attachment fell on respondent *19Bradley Domagala’s foot, resulting in the amputation of three toes. The court of appeals reversed and remanded the case on the ground that the district court erred when it instructed the jury that…