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Torts Keyed to Prosser
Thompson v. Kaczinski
Citation:
774 N.W.2d 829 (2009)Facts
In late summer 2006, defendants James Kaczinski and Michelle Lockwood disassembled a trampoline and placed its component parts on their yard approximately thirty-eight feet from a rural gravel road in Madison County, Iowa. They did not secure the parts, intending to dispose of them later. On September 17, 2006, following a severe thunderstorm the previous night, the top of the trampoline was displaced by wind onto the roadway. That morning, plaintiff Charles Thompson, a pastor driving between churches, approached the defendants’ property. When he swerved to avoid the trampoline on the road, he lost control of his vehicle, which entered a ditch and rolled several times. The defendants were awakened by Thompson’s screams around 9:40 a.m., discovered the trampoline on the road, and assisted Thompson while Lockwood removed the trampoline from the roadway. Thompson and his wife filed suit, alleging the defendants negligently allowed the trampoline to obstruct the roadway.
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