Feroleto Law, Buffalo NY

Storm thrown property can lead to liability

The AAJ reported today that “The AP (11/13, Crumb) reported, “The Iowa Supreme Court on Friday overturned lower court rulings and said a minister who crashed his car trying to avoid a trampoline that had blown into the road during a storm can sue its owners. Charles Thompson and his wife filed a lawsuit against the owners of the trampoline, James Kaczinski and Michelle Lockwood, saying they were responsible for the 2006 crash near Earlham in Madison County because they had not secured the disassembled trampoline.” This case affirms a duty by landowners to keep their property secured in the event of a storm.

The AP reported that Court records show Kaczinski and Lockwood had taken the trampoline apart during the summer of 2006 and placed its parts in their yard about 38 feet from a gravel road nearby. A few weeks later, on Sept. 17, 2006, Thompson, who is a minister, was driving down the road from the church when he swerved to avoid the trampoline top, which has blown into the road during a storm the night before.