Bjerke v. Johnson

ANDERSON, G. BARRY, Justice

(dissenting).

I respectfully dissent. The majority holds that Johnson’s provision of room, board, and a stable home environment to Bjerke for an entire summer gave rise to a special relationship that imposed on Johnson the duty to protect Bjerke from Bohl-man’s sexual abuse. Notwithstanding the disturbing events that underlie this litigation, I conclude that a special relationship did not exist between Johnson and Bjerke and that Johnson thus had no duty to protect Bjerke from Bohlman. I would therefore reverse the decision of the court of appeals and reinstate the…