Parnell v. Peak Oilfield Service Co.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Two vehicles traveling in opposite directions at a curve on the Kenai Spur Highway hit a moose at nearly the same time; the impact killed the moose and left its carcass straddling the centerline. Both drivers left the scene. Soon after, another car rounded the curve, struck the carcass, and ran off the road, seriously injuring one of its occupants. Section 321 of the Restatement (Second) of Torts recognizes that a person whose actions have "created" a hazard owes a duty of due care to protect others from the danger. The main question raised here is…