Miller v. City of Camden

BURNETT, Justice:

I agree with the majority’s conclusion Kendall owed no duty of care to respondents based on its contract with the City. However, I conclude, by virtue of its status as a volunteer, Kendall owed a duty of care to respondents as a matter of law. Accordingly, I dissent.

FACTS

In 1979, the United States Army Corps of Engineers inspected the Kendall Lake Dam, found it to be unsafe, and *319issued a -written report placing the dam in the “high” hazard classification because of “the potential for property damage and/or loss of life in the event of dam failure.” The report noted there was…