Gentry
v. Douglas Hereford Ranch, Inc.
Supreme
Court of
290
Prosser,
pp. 255-259
Facts: Bacon and Gentry were at a
ranch. Bacon was carrying his rifle
around when he stumbled near (or on) some steps and accidentally fired and
killed Gentry. Gentry’s decedent sued
Bacon, but he went bankrupt. The plaintiff
also sued the ranch for negligence in maintaining the stairs.
Issue: Were the defendants negligent
as a matter of law?
Rule: There must be proof of
causation in order for a negligence action to lie. Furthermore, mere speculation or suspicion is
not enough to “sustain an action or to defeat a motion for summary judgment”.
Analysis: The court finds that there
is insufficient evidence in the record for the theory that Bacon accidentally
fired the gun because he tripped on the stairs.
The court says this is mere speculation, and thus it’s not enough to
overcome the motion for summary judgment.
The court finds that the lower court was correct in ruling that as a
matter of law the ranch owners were not negligent based on the facts presented.
Conclusion: The motion for summary judgment
is upheld.