Gilbertson v. Leininger

How courts have described this case

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

• stating that existence of special relationship giving rise to legal duty is issue of law that appellate courts review de novo
• holding homeowners did not have a special relationship with a guest because they did not have custody and control of the guest, the guest had not entrusted her safety to her hosts, and her hosts had not accepted any entrustment
• “In the absence of a legal duty, the negligence claim fails.”
• “In order to find that a special relationship exists, it must be assumed that the harm to be prevented by the defendant is one that ‘[the defendant] is in a position to protect against and should be expected to protect against.’”
• failure to seek medical assistance

Source: CourtListener parenthetical corpus (CC0).