Greer v. Ellsworth

SWANSTROM, Judge.

Alfred and Delores Greer filed suit against Kevin Johnson and John and Cecilia Ellsworth for damages resulting from an automobile collision on a highway in Owyhee County. The Ellsworths moved for and were granted summary judgment. The Greers have appealed. The issue here is whether the judge correctly decided that owners of cattle on a highway were not liable for a collision occurring between two vehicles because the cattle were on “open range.” The Greers contend that genuine issues of material fact exist, making summary judgment for the cattle owners improper. We affirm for…