Summary
The Supreme Court of South Dakota reversed summary judgment for Horner Lumber Company in a negligence action arising from a trailer accident caused by an allegedly overloaded or improperly loaded lumber shipment. The court held that disputed evidence regarding Horner employees' assistance in loading the trailer created genuine issues of material fact concerning a duty under Restatement (Second) of Torts § 324A. The court also held that hearsay interview reports attached to an investigator's affidavit could not be considered on summary judgment.
Topics
Practice areas
Questions Presented
- Whether Horner owed Kuehl a common-law duty under Restatement (Second) of Torts § 324A based on allegedly undertaking to assist in loading the trailer.
- Whether genuine issues of material fact concerning Horner's assistance in loading the trailer and the alleged increase in risk precluded summary judgment.
- Whether hearsay interview reports attached to a private investigator's affidavit could be considered in opposition to summary judgment.
Holdings
- Summary judgment was improper because the record contained genuine issues of material fact concerning whether Horner assisted in loading the trailer and whether any negligent assistance increased a foreseeable risk of harm to the public.
- The statutes cited by Kuehl did not create a duty on Horner's part because they applied to the operator of a vehicle towing a trailer or the owner of a trailer, not to Horner.
- The interview reports attached to the private investigator's affidavit were hearsay and could not be considered because the investigator lacked firsthand knowledge and no hearsay exception foundation was established.
Key quotations
“We will affirm only when there are no genuine issues of material fact and the legal questions have been correctly decided.” (678 N.W.2d at 812)
“Dirks' affidavit creates material issues of fact as to Horner's assistance in loading the trailer for travel on a public highway and Horner's failure to use reasonable care thereby increasing a foreseeable risk of harm to the public.” (678 N.W.2d at 813)
Factual background
Horner sold scrap lumber to Kevin Schoenfelder, who brought a trailer to Horner's premises and arranged for lumber to be loaded. It was disputed whether Horner employees assisted Warne and Schoenfelder in loading the trailer, including whether a forklift was used. After the loaded trailer left Horner, it fishtailed on a public highway and struck Kuehl's vehicle, causing her severe injuries. An accident reconstructionist opined that the load was excessively heavy and improperly positioned, creating a dangerous condition.
Procedural history
Kuehl sued Horner, alleging that Horner employees negligently loaded or assisted in loading a trailer with lumber, creating an overloaded and improperly balanced condition that caused a highway accident. The trial court granted Horner summary judgment based on the absence of a duty and entered final judgment. Kuehl appealed; the Supreme Court of South Dakota reversed and remanded.
Remand instructions
The case was remanded for further proceedings because genuine issues of material fact precluded summary judgment.