Marts v. Sutton

Plaintiff-Appellants, Ralph and Eva Marts (Marts) brought this action against *358Billie Sutton and Gladys Sutton (Suttons) to recover for damages caused to the Marts’ real and personal property by a March 19, 1975, prairie fire. After Gladys Sutton’s death, her executor was substituted for her. The fire was alleged to have started in a garbage dump under the Suttons’ control. The trial court granted the Suttons’ motion for summary judgment. We hold that the doctrine of res ipsa loquitur has no application to this case, but that the evidence nevertheless raises genuine issues of material fact. We…