Bauer v. Southwest Denver Mental Health Center, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• clarifying that a statute or regulation “must prohibit or require a particular act” to sustain an actionable claim of negligence per se (emphasis added)
• stating, in summary judgment context, “[i]f, after viewing the evidence in the light most favorable to the plaintiff, the court determines that no reasonable person could conclude that the defendant’s conduct was outrageous, summary judgment is appropriate”
• “It is an essential element of negligence per se that the statute proscribe or prescribe specific conduct on the part of the tortfeasor, . . . that is, detail whether ‘particular acts shall or shall not be done’ by the party charged with observing the statute.”

Source: CourtListener parenthetical corpus (CC0).