Horn v. National Hospital Association

(specially concurring). Although I believe that the circuit court was justified in sustaining the defendant’s motion for a nonsuit, I do not concur in the majority’s reasoning, and believe that their statement of the facts contains errors.

The majority assume that the defendant (a) owed the plaintiff a duty; and (b) breached the duty. After the majority have engaged in those assumptions they declare that the evidence does not show that the defendant’s breach of its duty to the plaintiff caused her any damage, and therefore conclude that she failed to establish a cause of action. It must be…