Collins v. Down River Specialties, Inc.

I concur in the main opinion, but write separately to address issues raised by the dissent. The trial court properly found that the murder and felonious assault committed by Vidal Brown with a firearm were not foreseeable by defendants. This lack of foreseeability negates both the existence of an underlying duty and the element of proximate cause necessary to establish a prima facie case of negligence.

This murder is significantly different from garden-variety cases involving barroom assaults, because the incident occurred among acquaintances who knew of the danger posed by Brown from his…