Englund v. VitalAnnotate this Case
Twelve-year-old K.V. threw a large rock that struck nine-year-old G.E. in the head. The incident took place near the intersection of three backyards, one of which belonged to the rental home of the Vitals, K.V.'s parents, the second of which belonged to the Englunds, G.E.'s parents, and the third of which belonged to Robert Smith, the Vitals' landlord. The Englunds filed an action against K.V., the Vitals, and Smith. The claims against Smith included negligence, negligent rental, and punitive damages. The trial court granted summary judgment for Smith. The Supreme Court affirmed, holding that the trial court did not err in concluding that Smith did not owe a duty of care to G.E. based on his position as landlord and did not owe a duty to protect G.E. from the alleged intentional or criminal conduct of K.V.