Lynne Kritter v. Brent Mooring
24-1158
4th Cir.May 19, 2025Background
- Eugene Kritter, an experienced crop dusting pilot, died when his helicopter struck a low-hanging steel wire ("dove wire") while spraying pesticides on a North Carolina farm.
- The wire was installed by the landowner, Rayborn, and was known to both Rayborn and Daw Farms, the lessee.
- Daw Farms hired Nutrien Ag Solutions, whose crop consultant, Elmore, arranged for Kritter Cropdusting to perform the spraying operation.
- Kritter’s estate and company sued the landowner Rayborn, Daw Farms, Nutrien, and Elmore for negligence, alleging failure to warn of or remove the hazardous wire.
- The district court granted summary judgment for the defendants, finding no duty of care and no foreseeability of the risk to Kritter.
- The Fourth Circuit vacated and remanded, finding genuine disputes of material fact requiring jury resolution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty of Care (Premises Liability) | Owner/lessee owed duty to warn/make safe wire | Not foreseeable risk for non-pilots | Material fact issues; duty question for jury |
| Duty to Warn (Undertaking Liability) | Industry custom required warning by Elmore | No prior warnings; role limited to logistics | Material factual dispute; duty question for jury |
| Contributory Negligence | Wire not open/obvious; hard to see from air | Open and obvious risk barred recovery | Factual dispute; jury to decide contributory negligence |
| Incident to Work Undertaken Exception | Crash not incident to work; no control by Kritter | Exception inapplicable where no control by contractor | Law does not bar claim; exception not applicable |
Key Cases Cited
- Ragland v. Moore, 261 S.E.2d 666 (N.C. 1980) (summary judgment rarely proper in negligence cases; jury should apply standard of care)
- Asher v. Huneycutt, 876 S.E.2d 660 (N.C. Ct. App. 2022) (landowner's duty of reasonable care to lawful visitors)
- Mozingo by Thomas v. Pitt Cnty. Mem’l Hosp., Inc., 400 S.E.2d 747 (N.C. Ct. App. 1991) (issues of negligence not ordinarily susceptible to summary disposition)
- Martishius v. Carolco Studios, Inc., 542 S.E.2d 303 (N.C. Ct. App. 2001) (landowners' duty to warn of hidden hazards with express/implied knowledge)
- Foster v. Winston-Salem Joint Venture, 281 S.E.2d 36 (N.C. 1981) (foreseeability does not require predicting exact form of injury)
- McCorkle v. N. Point Chrysler Jeep, Inc., 703 S.E.2d 750 (N.C. Ct. App. 2010) (independent contractor as lawful visitor owed duty of care)
- Draughon v. Evening Star Holiness Church of Dunn, 843 S.E.2d 72 (N.C. 2020) (contributory negligence and open and obvious risk)