Sall Ex Rel. Sall v. T'S, Inc.

The opinion of the court was delivered by

Davis, J.:

Plaintiffs Matthew Patrick Sail (Patrick), by and through his natural parents, guardians, and conservators, Kay Sail and David Sail, and Kay Sail and David Sail, individually (collectively the Sails), brought a negligence action against defendant T’s, Inc., d/b/a Smiley’s Golf Course (SGC) for injuries Patrick sustained after being struck by hghtning while on the grounds of the defendant’s golf course. The district court granted summary judgment to SGC, and the Court of Appeals in a split decision affirmed, concluding that SGC owed no duty to…