Duncan v. Town of Jackson

LEHMAN, Justice.

Appellant Etta Mae Duncan, Personal Representative of the Estate of David Willis Duncan, filed a wrongful death suit against appellees Town of Jackson and its employee Lieutenant David Foster (Lt. Foster). Town of Jackson and Lt. Foster were granted summary judgment by the trial court, and appellant appeals. The issue we decide concerns whether the district court erred in concluding that Lt. Foster owed no duty to the deceased, David Duncan.

We reverse and remand.

On June 21, 1992, a dispatcher for the Town of Jackson received a 911 call reporting that a dark red pickup with…