Cunningham v. Braum's Ice Cream & Dairy Stores

The opinion of the court was delivered by

Beier, J.:

Plaintiffs Barbara Cunningham and Wanda Yandell ask us to reverse the district court’s summary judgment in favor of defendant Braum’s Ice Cream and Dairy Stores (Braum’s) in this personal injury action. They sued Braum’s after its employees shooed them out of the Parsons ice cream store and, as it turned out, into the path of a tornado. Cunningham and Yandell were injured while driving home, when the tornado threw a truck into their car.

We must decide whether Braum’s owed Cunningham and Yan-dell a legal duty to inform them of a tornado…