Erickson v. Prudential Property & Casualty Insurance

Michael Erickson was killed while cutting a tree branch with a chain saw owned by Thomas Zangl. Erickson's wife, Claudia, appeals from a summary judgment dismissing her negligence complaint against Zangl and his insurer, American Family Mutual Insurance Company.

We conclude that the trial court properly dismissed Claudia's negligent entrustment claim. We further conclude, however, that the trial court erred by dismissing Claudia's negligent "failure to warn" claim. We therefore affirm in part, reverse in part, and remand with instructions.

I. BACKGROUND

William Lockwood asked Michael Erickson…