The parents contest the district court's conclusions and maintain that genuine issues of material fact existed as to whether the cattle were running at large or whether they were drifting. They also contend that genuine issues of material fact existed as to whether the ranchers were negligent in how they cared for their cattle. The Nylen decision reviewed the prior cases in which we interpreted this statute. A defendant is entitled to have a summary judgment granted in his favor when the plaintiff has failed to make a prima facie showing that the defendant was negligent. When we consider the record in the light most favorable to the parents, we discover the following facts which pertain to the wrongful-death claim.
Fences run along both sides of the road.
Another cattle guard is located approximately 1.8 miles east of the lower gate and cattle guard. In order for cattle to access the paved portion of the road from the summer range, they have to travel through the two gates. Each rancher was either an owner or a custodian of the cattle. The car collided with the cattle on the paved portion of County Road 254. The upper gate was apparently open on the night that the accident occurred, allowing the cattle to travel from the summer range into the fenced portion of the dirt road between the two cattle guards.