· 6/23/2006
Sall Ex Rel. Sall v. T'S, Inc.
Citations
- 281 Kan. 1355
- 136 P.3d 471
- 2006 Kan. LEXIS 475
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that golfers relied on the use of an air horn signaling inclem- ent weather to their detriment even in a case where the course had no duty to warn golfers of inclement weather
- applying Second Restatement to claim of failure to perform a duty a party has voluntarily undertaken
- using a particular safety feature that one has no duty to use nevertheless implies a duty of reasonable care to use it correctly
- finding liability where the plaintiff relied on the defendant’s policy of using air horns to signal bad weather
- “ ‘A defendant’s agreement or affirmative act indicating a willingness to provide services is a threshold requirement for such a duty to arise.’ [Citation omitted.]”
- golf course assumed the duty to use a horn to warn its patrons of dangerous thunderstorms, which lightning-strike victim relied on to his detriment
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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