Davis v. Devereux Foundation
Supreme Court of New Jersey
1DissentJustice Hoens
It is only through a truncated and carefully parsed recounting of what happened to Roland Davis and a misguided perception about the governing principles of law that the majority can find no warrant for concluding that Devereux, the institution charged with his care, had a non-delegable duty to protect him from harm and that his guardian ad litem is foreclosed from proceeding, alternatively, under a respondeat superior theory. Because the majority has erred in the analysis that it has utilized and because both of those conclusions are the byproduct of that error, I respectfully dissent.
The…
2Cases cited22 opinions
- Lehmann v. Toys 'R' US, Inc.Supreme Court of New Jersey · 1993
- Hopkins v. Fox & Lazo RealtorsSupreme Court of New Jersey · 1993
- Kelly v. GwinnellSupreme Court of New Jersey · 1984
- Di Cosala v. KaySupreme Court of New Jersey · 1982
- Worcester Insurance v. Fells Acres Day School, Inc.Massachusetts Supreme Judicial Court · 1990
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