Beckwith v. State Farm Fire & Casualty Co.

LOTTINGER, Judge.

The plaintiff brings this tort suit for personal injuries sustained by her 13-year-old daughter who cut her foot while visiting her aunt. From a trial court judgment finding a lack of negligence on the part of the defendant’s insured, the plaintiff brings this appeal.

The issue on appeal is whether the defendant’s insured, Mrs. Dorothy Johnson, was negligent in failing to warn her 13-year-old niece of the flooded and potentially dangerous condition of her yard prior to the time this accident occurred. This suit was filed as a direct action against State Farm Fire & Casualty…