HB by and Through Clark v. Whittemore

OPINION

STRINGER, Justice.

In this case we are once again asked to consider whether requisite “special circumstances” exist to deviate from the general common law rule that one owes no duty to warn those endangered by the conduct of a third party. The complaint here alleged fraud and negligence claims against appellants, the owners and operators of the Eaton Mobile Home Park, arising out of incidents of sexual abuse of the respondent minor children perpetrated by another tenant in the trailer park. The district court granted appellants’ motions for summary judgment on the negligence allegation,…