Hughes v. Quarve & Anderson Co.

WAHL, Justice.

This appeal raises the question of whether the duty of defendant landowner Quarve & Anderson Company (Q & A) to trespassing minor Brian Hughes was governed by Restatement (Second) of Torts § 339 (1965). Sixteen-year-old Brian dived headfirst into 3 feet of water in Q & A’s quarry pond, struck his head on the irregular sand bottom and was left a spastic quadriplegic. An Olmstead County jury returned a verdict for Brian, finding damages of $500,000 reduced by 40 percent for contributory negligence. From the judgment for $300,000, Q & A appeals. We affirm.

Q & A, a sand and gravel…