Legal Opinion · Dissent

Hamilton v. Cannon

Supreme Court of Georgia

Decided March 21, 1997No. S96Q1285Published

1DissentFletcher, Presiding Justice

Although an argument can be made for limiting the public duty doctrine to police nonfeasance, no one on this Court has made it. Instead, in an answer that is shorter than the question raised, the majority decides that the public duty doctrine is limited to the “police protection context.” The opinion offers no explanation or support for its holding other than a citation to a case that also states a result without any persuasive reasoning. The complex issues connected with the public duty doctrine deserve a more thoughtful discussion. Because the majority unnecessarily and unwisely limits the…

2Cases cited19 opinions

  1. Kircher v. City of JamestownNew York Court of Appeals · 1989
  2. Commerce & Industry Insurance v. City of ToledoOhio Supreme Court · 1989
  3. City of Rome v. JordanSupreme Court of Georgia · 1993
  4. Cracraft v. City of St. Louis ParkSupreme Court of Minnesota · 1979
  5. Department of Transportation v. BrownSupreme Court of Georgia · 1996

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