Charlotte Robinson v. Frank Vivirito (072407)

How courts have described this case

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

• finding no negligence where injury happened in a circumstance where leadership “had no ability to monitor conduct” or alter behaviors of either the victim or perpetrator
• “The determination of the existence of a duty of care to avoid harm to another is ultimately governed by fairness and public policy.”
• “The determination of the existence of a duty of care to avoid harm to another is ultimately governed by fairness and public policy.”
• \Foreseeability requires a determination of whether the defendant was reasonably able to ascertain that his allegedly negligent conduct could injure the plaintiff in the manner it ultimately did.\ (emphasis added)
• \This Court has commented that vicarious liability of the public entity for the negligent act of its employee is the primary source of liability for the public entity.\ (citing Tice v. Cramer, 133 N.J. 347, 355 (1993))
• “The fundamental elements of a negligence claim are a duty of care owed by the defendant to the plaintiff, a breach of that duty by the defendant, injury to the plaintiff proximately caused by the breach, and damages.”

Source: CourtListener parenthetical corpus (CC0).