Albers v. Kuper

AMUNDSON, Justice.

Sharon Albers appeals from a verdict and judgment for Myron and Ruth Kuper on Albers’ claim for injuries from a dog/bicycle accident. We reverse and remand.

FACTS

At approximately 9:00 p.m. on August 23, 1989, Myron and Ruth Kuper (Kupers) sat on the back step of their house enjoying the evening. Their cocker spaniel, Toots, was in the backyard with them.

As darkness approached, Sharon Albers (Albers), Kupers’ next door neighbor, was returning from a bicycle ride. As she passed in front of Kupers’ house, Toots ran out on the sidewalk. Toots and the bicycle collided, causing…