Toms v. Calvary Assembly of God, Inc.

Petitioner, who operated a dairy farm and maintained a herd of nearly 100 head of cattle, filed suit against Respondents, alleging that a church-sponsored fireworks display that took place on property adjacent to his dairy operation caused a stampede inside his dairy barn, resulting in the death of four dairy cows. Petitioner filed claims for negligence, nuisance, and strict liability. The district court entered judgment in favor of Respondents, and the circuit court affirmed. The Court of Appeals affirmed, holding that the doctrine of strict liability for an abnormally dangerous activity does not apply to the noise of a fireworks discharge based on the facts of this case. View "Toms v. Calvary Assembly of God, Inc." on Justia Law