Jobe v. Smith

OPINION

LIVERMORE, Presiding Judge.

Plaintiff John Jobe was seriously injured while at the home of defendant Beth Smith by the assault of her estranged “gentleman friend” Rodney McMeans. Jobe was there at Smith’s request to repair her refrigerator. Contending that Smith knew of McMeans’ propensity for violence and of the risk that he would attack Jobe, Jobe brought suit against Smith for negligently failing to warn him of that risk. Summary judgment was awarded on the ground that Smith owed no duty to Jobe in these circumstances. We reverse.

The argument of the defendant is a complex one.…