CaseDEBARA D. BROWN, EXECUTOR OF THE ESTATE OF ARTHUR GREGORY BROWN v. SHERWIN JOHN JACOBS
(Record Number 140270)
FromThe Circuit Court of Rockingham County; M. Roush, Judge Designate.
CounselMark D. Obenshain (Lenhart Pettit) for appellant.
M. Bruce Wallinger and Grant D. Penrod (Hoover Penrod PLC) for appellee.
Assignment 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.