Legal Opinion · Dissent

Davis v. Devereux Foundation

Supreme Court of New Jersey

Decided February 29, 2012Published

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

  1. Lehmann v. Toys 'R' US, Inc.Supreme Court of New Jersey · 1993
  2. Hopkins v. Fox & Lazo RealtorsSupreme Court of New Jersey · 1993
  3. Kelly v. GwinnellSupreme Court of New Jersey · 1984
  4. Di Cosala v. KaySupreme Court of New Jersey · 1982
  5. Worcester Insurance v. Fells Acres Day School, Inc.Massachusetts Supreme Judicial Court · 1990

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