Senogles v. CarlsonAnnotate this Case
The Supreme Court reversed the grant of summary judgment in favor of Defendant in this action alleging that Defendant, as a landowner, violated his duty of care to his invitee, a four-year-old boy. The boy wandered off during a family party on Defendant’s property and suffered severe brain damage from a near-drowning in the Mississippi River. The district court granted Defendant’s motion for summary judgment on the ground that the harm to the boy was not foreseeable to Defendant. The court of appeals affirmed on the ground that Defendant was not liable because the danger was “obvious” to the boy. The Supreme Court reversed, holding (1) there were disputed facts regarding whether the danger of swimming in the river should have been obvious to the boy; and (2) the issue of foreseeability was one to be decided by a jury.