Negligence
Negligence
Where plaintiff was on his father-in-law's property and was participating in a project directed by his father-in-law; father-in-law told his sons and sons-in-law what to do, made the decision of where they would place debris being removed from a loft, and positioned a tractor's bucket beside the loft; plaintiff fell from the loft while he and another son-in-law were trying to throw an automobile axle into the bucket; and father-in-law directed the two men to "just throw it in there" because he could not "get [the bucket] ... any better than that"; we conclude that the record supports the jury's determination that plaintiff may recover from his father-in-law in negligence because father-in-law should have anticipated the harm despite the obviousness of the danger to plaintiff.
Davis v. Walter (Mower County) A06-457
Where plaintiff was on his father-in-law's property and was participating in a project directed by his father-in-law; father-in-law told his sons and sons-in-law what to do, made the decision of where they would place debris being removed from a loft, and positioned a tractor's bucket beside the loft; plaintiff fell from the loft while he and another son-in-law were trying to throw an automobile axle into the bucket; and father-in-law directed the two men to "just throw it in there" because he could not "get [the bucket] ... any better than that"; we conclude that the record supports the jury's determination that plaintiff may recover from his father-in-law in negligence because father-in-law should have anticipated the harm despite the obviousness of the danger to plaintiff.
Davis v. Walter (Mower County) A06-457
Labels: negligence
posted by Meshbesher & Spence at 10:24 PM
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