A-19-0125, Michael and Cathy Christensen (Appellants) v. Broken Bow Public Schools (Cross-Appellant)
District Court of Custer County, Judge Karin L. Noakes
Attorney for Appellants: David S. Houghton and Keith A. Harvat (Houghton Bradford Whitted PC, LLO)
Attorney for Appellee/Cross-Appellant: Matthew B. Reilly and Thomas J. Culhane (Erickson Sederstrom, P.C., LLO)
Civil: Negligence arising out of an automobile accident
Action Taken by Trial Court: At the close of Appellant’s case in chief, the district court dismissed Appellant’s claims against Broken Bow Public Schools. The court found that although there was some evidence of the school district’s negligence, the actions of the other driver constituted an efficient intervening cause which broke the causal connection between any wrongdoing by the school, the collision, and the resulting damages.
Assignments of Error on Appeal: Appellants argue that the district court erred in finding the actions of the other driver constituted an efficient intervening cause and erred in failing to grant their motion for summary judgment regarding the liability of the school district. On cross-appeal, the school district argues that the district court erred in denying its motion for summary judgment on the issues of assumption of the risk and contributory negligence and in granting the Appellant’s motion for summary judgment on those same issues.