Hesse v. McClintic

I would affirm the court of appeals’ ruling in this case that there was no duty on McClintic to pull over to the right shoulder when she slowed for bighorn sheep on the highway. Therefore, I respectfully dissent from the majority opinion.

I. Defining the Legal Duty

In this ease, the majority correctly recognizes that this court must begin its comparative negligence analysis by asking whether McClintic owed a duty to Hesse. Maj. op. at 762. However, I believe that the majority ignores precedent by assuming without explanation that if McClintic owed any duty to Hesse, that duty is an ordinary…