Burdette v. Marks

The sole issue in this appeal is whether the plaintiff alleged sufficient facts in his motion for judgment to establish that the defendant owed a legal duty to the plaintiff to protect him from the acts of a third party.

The only facts to be considered are those set forth in the plaintiffs motion for judgment. On June 7, 1990, the plaintiff, James C. Burdette, came upon the scene of a two-car accident in Westmoreland County. After Burdette stopped to render assistance, he observed an altercation between the operator of one of the automobiles involved in the accident, Gary D. Hungerford, and…