CaseDEBARA D. BROWN, EXECUTOR OF THE ESTATE OF ARTHUR GREGORY BROWN v. SHERWIN JOHN JACOBS
(Record Number 140270)
FromThe Circuit Court of Rockingham County; J. Roush, Judge Designate.
CounselMark D. Obenshain (Lenhart Pettit) for appellant.
M. Bruce Wallinger and Grant D. Penrod (Hoover Penrod PLC) for appellee.
Assignments of Error
- The trial court erred in sustaining the defendant's demurrer and in dismissing the action against him when the facts alleged in the Amended Complaint were sufficient to show a special relationship between the defendant and the plaintiff's decedent giving rise to a duty to warn the decedent of the risk of an assault by a third-party.
- The trial court erred in ruling that plaintiff had to allege facts establishing an "imminent probability of harm," or heightened degree of foreseeability, before it could find any duty to warn, as the facts alleged in the Amended Complaint were adequate to establish a relationship between the decedent and the defendant creating a duty to warn of a "reasonably foreseeable" danger.
- The trial court erred in sustaining the defendant's demurrer and dismissing the action against him when the facts alleged in the Amended Complaint were sufficient to establish that the assault upon the plaintiff's decedent was reasonably foreseeable by the defendant as an imminent probability of harm.
- The trial court erred in denying plaintiff's motion for reconsideration and motion for leave to amend when the allegations in the Second Amended Complaint proffered to the trial court were sufficient to state a cause of action against the defendant.