Lohse v. Faultner

OPINION

FIDEL, Chief Judge.

This case arises from a forest fire that originated in the Kaibab National Forest and spread to adjoining land. Plaintiffs are neighboring landowners whose property was damaged or destroyed by the fire. Plaintiffs seek damages, claiming that defendants negligently failed to conduct a fire patrol after logging in the forest and thereby permitted an otherwise detectable and suppressible fire to spread out of control.

On appeal, we affirm summary judgment for defendants because plaintiffs have failed to present evidence that defendants’ nonfeasance deprived them of a…