Jenkins Ex Rel. Branum v. Best

How courts have described this case

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

• supplanting the doctrine of contributory negligence was supplanted with comparative fault
• defendant that agreed to provide perinatal services to hospital owed tort duty to patient based on § 324A even though patient was not third-party beneficiary of contract
• liability will not be imposed “unless we have first found circumstances giving rise to a relationship of some kind in which one 8 particular party owed a duty to another particular party.”
• “we do not read Noble as doing away with the necessity of a legally cognizable relationship between the patient and the physician as a prerequisite to the finding that a duty existed.”
• “[O]ur courts have never found liability in tort unless we have first found circumstances giving rise to a relationship of some kind in which one particular party owed a duty to another particular party.”

Source: CourtListener parenthetical corpus (CC0).