Andersen,. v. Two Dot Ranch, Inc.

KITE, Justice.

[11] Three vehicles collided with a cow on a state highway in an area posted as open range resulting in two fatalities. The plaintiffs, 1 representing the deceased and surviving passengers of the third vehicle, sued Two Dot Ranch, Inc. (Two Dot), the owner of the cow, and Maria Lopez Hernandez, the driver of the second vehicle The district court granted summary judgment for all defendants. We affirm the summary judgment on the claims against Two Dot because allowing livestock on an unfenced highway in posted open range is not evidence of negligence. We reverse the summary…