Prosser v. Kennedy Enterprises, Inc.

¶44 I dissent.

¶45 I conclude that based on the special relationship exception, the public duty doctrine does not apply and the City owed a duty to Neighbors. At the time of the incidents giving rise to this lawsuit, Prosser, White, and Crotty were indeed very close neighbors to the Kennedy property. Prosser’s residence sat about thirty inches from the Kennedy property, and only fifteen feet from the casino itself. Crotty and White’s residence sat fifteen feet from the Kennedy property, and about thirty feet from the casino. A wooden fence separated the Neighbors’ properties from the Kennedy…