Estate of Shawn Martin Mickelsen v. North-Wend Foods, Inc.
Annotate this CaseAn eastbound driver (Shawn Mickelsen) attempted to make an illegal left turn into a restaurant's exit driveway. The eastbound driver collided with an oncoming westbound driver, killing the westbound driver. The decedent's estate sued the restaurant for wrongful death, arguing that the restaurant was negligent in creating a dangerous condition on its land and failing to take steps to make the condition safe, for example, by warning eastbound drivers not to use the exit driveway in this manner. The superior court dismissed the complaint, holding that the restaurant had no duty to guard against risks created by the conduct of third parties. Because the complaint, read liberally, stated a cause of action, the Supreme Court reversed the decision of the superior court and remanded for further proceedings: "[i]t may yet be proper for the superior court to dismiss Mickelsen's claim on summary judgment, or it may be that the case must go to trial. But Mickelsen's claim cannot be dismissed as a matter of law based on [the restaurant's] owing no duty of care to passing motorists allegedly endangered by the artificial conditions on [its] property."
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.