Wednesday, November 18, 2009
Last week, the Iowa Supreme Court decided Thompson v. Kaczinski, 2009 WL 3786632 (Iowa 2009), and adopted the Restatement (Third) of Torts approach to both duty and causation. The plaintiffs lost control of their car on a rural road because a trampoline had been blown onto the road from an adjacent home. Plaintiffs filed suit against the owners of the trampoline, alleging defendants had a duty to keep it out of the road. Both the district and intermediate appellate courts found no duty and no causation as a matter of law. The Iowa Supreme Court reversed and remanded. In so doing, it adopted R3's positions on both duty and causation. Specifically, the court found that foreseeability should not be considered part of the duty analysis, but is instead for the jury to decide under breach. As to causation, the court adopted R3's "scope of liability" (as opposed to "proximate cause") analysis.
Thanks to Mike Green for the tip.