Simranjit Singh v. Michael Walter McDermott

Summary

The court affirmed summary judgment for the cow’s owner because the record contained insufficient evidence that he breached his common-law duty of ordinary care. The cow’s presence on the highway did not create a presumption or prima facie showing of negligence after repeal of Iowa’s fencing-in statute, and res ipsa loquitur did not apply because Singh lacked expert or other evidence establishing that the escape ordinarily would not occur without negligence. The court also held that the record presented no genuine issue of material fact requiring trial.