Conner v. State

I respectfully dissent. The existence of a duty, that is, whether the law will impose an obligation on the part of a particular defendant to conform his conduct to a certain standard for the benefit of the plaintiff arises as a matter of law out of the relationship existing between the parties. Webb v. Jarvis, 575 N.E.2d 992, 995 (Ind.1991). The Webb court held that a court’s determination of whether a duty exists should involve the balancing of the three following factors: (1) the relationship between the parties; (2) the reasonable foreseeability of harm to the person injured; and (3)…