Affirmed. Defendant struck witness’s hand and he was dispossessed of his coins. Ambiguity is found in a statute “if reasonable minds could differ or be uncertain as to the meaning of the statute.”  Carolan v. Hill, 553 N.W.2d 882, 887 (Iowa 1996). We find the drafters' clarification of scope of liability sound and are persuaded by their explanation of the advantages of applying the risk standard as articulated in the Restatement (Third), and, accordingly, adopt it. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus. In deciding whether conduct is a substantial factor in bringing about the harm, we have considered the “proximity between the breach and the injury based largely on the concept of foreseeability.”  Estate of Long ex rel. . Sign up for a free 7-day trial and ask it. Decision without published opinion. Facts. Causation is a question for the jury, “ ‘save in very exceptional cases where the facts are so clear and undisputed, and the relation of cause and effect so apparent to every candid mind, that but one conclusion may be fairly drawn therefrom.’ ” Lindquist v. Des Moines Union Ry., 239 Iowa 356, 362, 30 N.W.2d 120, 123 (1947) (quoting Fitter v. Iowa Tel. The drafters of the Restatement (Third) explain that foreseeability is still relevant in scope-of-liability determinations. Ctr., 656 N.W.2d 71, 83 (Iowa 2002). The drafters advance several advantages of limiting liability in this way. Brief for Petitioner Eric L. Thompson; Brief … practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Page 414. We conclude no such principle or policy consideration exempts property owners from a duty to exercise reasonable care to avoid the placement of obstructions on a roadway. Id. When, as in this case, we have been called upon to consider the role of an intervening or superseding cause, the question of the foreseeability of the superseding force has been critical. When they went outside to investigate, they discovered the top of their trampoline lying on the roadway. Firefox, or 6 Special Note on Proximate Cause, at 574. The role of foreseeability of risk in the assessment of duty in negligence actions has recently been revisited by drafters of the Restatement (Third) of Torts. j, at 427-29.4. briefs keyed to 223 law school casebooks. The district court’s summary judgment dismissed only the State from the case and the action remains pending as to defendant Pomeroy Development. During the late summer of 2006, they disassembled a trampoline and placed its component parts on their yard approximately thirty-eight feet from the road. The Facts. 83-6775. The decisions of this court have established it is the plaintiff's burden to prove both cause in fact and legal (proximate) cause. Restatement (Third) § 29 cmt. The district court clearly considered foreseeability in concluding the defendants owed no duty in this case. Automatic ticket machine at car park; incorporation of terms displayed inside. His car entered the ditch and rolled several times. Faber v. Herman, 731 N.W.2d 1, 7 (Iowa 2007). The Thompsons filed suit against the defendants for negligence. at 98-99. The assessment of the foreseeability of a risk is allocated by the Restatement (Third) to the fact finder, to be considered when the jury decides if the defendant failed to exercise reasonable care. Bd., 590 N.W.2d 712, 717 (Iowa 1999). Thompson v. Oklahoma Case Brief. The lower court found that there was a nuisance but refused to grant an injunction, rather awarding her £1,000 for damages to that date and £15,000 for damages likely to be incurred in the future. As part of the investigation, a technician took a swatch of fabric stained with the robber’s blood from the victim’s pants. Thus, in an attempt to eliminate unnecessary confusion caused by the traditional vernacular, the drafters of the third Restatement refer to the concept of proximate cause as “scope of liability.” 2, The drafters of the Restatement (Third) explain that the “legal cause” test articulated in the second Restatement included both the “substantial factor” prong and the “rule of law” prong because it was intended to address both factual and proximate cause. As a reasonable fact finder could conclude the Thompsons' injuries and damages were within the scope of the risk of Kaczinski and Lockwood's acts or omissions, the district court erred in resolving the scope of liability question as a matter of law. United States Supreme Court. We find the drafters' clarification of the duty analysis in the Restatement (Third) compelling, and we now, therefore, adopt it. 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