Ajirogi v. State

DISSENTING OPINION OF

KOBAYASHI, J„ WITH WHOM CIRCUIT JUDGE SODETANI JOINS

In my opinion, the State’s liability for the injuries suffered by Ajirogi can be found on either of two approaches:

I. Duty:

Section 319, Restatement of Torts 2d, provides:

Duty of Those in Charge of Person having Dangerous Propensities

One who takes charge of a third person whom he knows or should know to be likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the -third person to prevent him from doing such harm.

The comment to this section is as follows:

a. The rule…