Morgan v. Perlowski

ANDREASEN, Justice.

This case involves a claim by a social guest against a host for injuries received when the guest was assaulted by a third person while attending a party at the host’s residence. The district court recognized that a host may have a duty to control the conduct of third parties and the court instructed the jury based on the principles of section 318 of the Restatement (Second) of Torts (1965). The jury returned a verdict finding the guest had been injured as a result of the host’s negligence. Following entry of a judgment on the verdict, the host filed a motion for judgment…