Galloway v. McDonalds Restaurants of Nevada, Inc.

Steffen, J. with whom Mowbray, C. J., agrees,

dissenting:

I respectfully dissent.

My review of the record convinces me that the defense verdict in this case was in large measure the product of jury confusion over the tort concept of duty. The evidence strongly suggests that the injured child was not burned as a result of climbing up onto the carousel, as represented by the child’s father at trial. To the contrary, it appears from a combination of the father’s statement to the admitting physician, as reflected in the hospital records, and the application of logical inferences derived from the…