Thompson v. Kaczinski
Iowa Supreme Court
774 N.W.2d 829 (2009)
James Kaczinski and Michelle Lockwood (defendants) left a disassembled trampoline, unsecured, less than 40 feet from a road for later disposal; a storm with heavy winds blew the trampoline top into the middle of the road, and the next day, driver Charles Thompson swerved to avoid it, lost control, and rolled his car into a ditch. The Thompsons sued for negligence; the trial court granted the defendants summary judgment, finding the risk that the trampoline top would move into the road was unforeseeable, and the court of appeals affirmed before the Iowa Supreme Court granted review.
Whether, under the Restatement (Third) of Torts, an actor's liability is limited to the harms that are the result of the type of risks that made the actor's conduct tortious.