Dimick v. Hopkinson

The Supreme Court affirmed the judgment of the district court granting summary judgment to Defendants in this negligence action, holding that there were no genuine issues of material fact as to the issues on appeal.Skylar Dimick was injured when he fell into a septic tank on property owned by Scott Hopkinson. Dimick and his wife filed a negligence action against Hopkinson and his businesses, family trust, and wife, Chris Hopkinson. Plaintiffs sought punitive damages for Defendants’ alleged willful and wanton misconduct. The district court granted summary judgment to Defendants, concluding (1) Scott and his businesses were protected by a valid release of liability signed by Dimick, (2) Scott committed no willful and wanton acts, (3) Chris was neither a proximate cause of Dimick’s injuries nor engaged in a joint venture with Scott, and (4) the family trust did not exist. The Supreme Court affirmed, holding that the district court properly granted summary judgment as to all Defendants. View "Dimick v. Hopkinson" on Justia Law