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Clinkscales v. Nelson Securities, Inc.

Iowa Supreme Court

697 N.W.2d 836 (2005)

Relevant factsFree

James Clinkscales (plaintiff), a Marine with fire-suppression training, was injured while rushing to shut off a gas leak that caused a grill fire at a bar owned by Nelson Securities (defendant), after Nelson negligently left the leak unattended. Clinkscales sued Nelson for negligence, but the trial court held his own rescue attempt was a superseding cause that cut off Nelson's liability, and the court of appeals affirmed.

IssueFree

Whether, if a defendant's negligence threatens harm to another's person or property, the defendant can be held liable for injury resulting from the normal efforts of a third party to rescue the person or property from harm.

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