Indiana Limestone Co. v. Staggs

I respectfully dissent with regard to the duty issue. I disagree with the majority's conclusion that under the facts of this case, Indiana Limestone owes the decedent a common law duty.

As stated in the majority opinion, we must examine three factors when determining whether there is a common law duty: the relationship between the parties, the reasonable foreseeability of harm, and public policy concerns. Webb v. Jarvis, 575 N.E.2d 992, 995 (Ind.1991), reh'g denied. Contrary to the majority's conclusion, the undisputed facts of this case do not demonstrate that there was a relationship between…