Murray v. Midland Funding, LLC

How courts have described this case

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

• noting that “a duty of care does not exist in the air, and caution must be exercised to ensure that a special relationship or other factors give rise to such a duty ….”
• addressing whether defendants assumed any duties to plaintiffs as part of the analysis of plaintiffs’ negligence claim
• relying on § 324A of the Restatement (Second) of Torts but concluding that plaintiffs had not established that the defendants increased the risk of harm to them within the meaning of § 324A(a) or that the plaintiffs relied on the undertaking for the purposes of § 324A(c)
• “a defendant who undertakes to perform contractual services to another cannot raise a nonprivity defense against a third person who is injured by the defendant's negligent performance.”

Source: CourtListener parenthetical corpus (CC0).