Bell v. Dawson

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Thirteen-year-old Timothy Bell suffered serious injuries when he skateboarded out of Randall and Rose Dawson's driveway and was struck by a moving vehicle on the roadway. Teresa Bell, on behalf of her son, filed an action against the Dawsons for negligent supervision and negligently creating or allowing dangerous topographical conditions - specifically, vegetation growth - on their property. The superior court entered judgment in favor of the Dawsons, concluding (1) the Dawsons owed no duty of care to Timothy because Timothy was not in a custodial relationship with the Dawsons when the accident occurred, and (2) there was no indication that growth of trees or bushes on the Dawsons' property contributed to the accident. The Supreme Court affirmed, holding (1) the superior court did not err in finding Timothy did not have a custodial relationship with the Dawsons the morning of the accident; and (2) the Dawsons did not have a duty to Timothy to have provided an unobstructed view of the driveway on their premises from the roadway. View "Bell v. Dawson" on Justia Law