Bixenmann v. Dickinson Land Surveyors, Inc.Annotate this Case
Lawrence Bixenmann tripped and fell on a stake that the owner of Dickinson Land Surveyors (Dickinson) had placed on the property of Lawrence and Norma Bixenmann while performing a land survey. The Bixenmanns brought this negligence action against Dickinson. The district court granted summary judgment in favor of Dickinson, concluding that the Bixenmanns were required to present expert testimony as to the standard of care required of surveyors and that the “common knowledge” exception to the requirement of expert testimony did not apply. The Supreme Court affirmed, albeit on a different ground, holding that there was no privity of contract between the Bixenmanns and Dickinson and no facts establishing a duty to the Bixenmanns, and therefore, the district court did not err in granting summary judgment in favor of Dickinson.