Davert v. Larson

Opinion

ROBIE, J. *

On April 6, 1982, plaintiffs 1 sued defendant Thomas Larson 2 (hereinafter defendant) and others, for damages for negligence after plaintiffs’ automobile collided with a horse. On October 21, 1983, the trial court granted defendant’s motion for summary judgment finding he owed no duty of care to plaintiffs. We reverse.

Factual and Procedural Background

On August 15, 1981, plaintiffs were traveling in an automobile driven by plaintiff Edward Davert. The automobile collided with a horse alleged to have escaped from property owned by defendant and others adjacent to the road.

Plain…