Traina Enterprises, Inc. v. Racetrac Petroleum, Inc.

Johnson, Chief Judge.

The four elements to any tort action are a duty, a breach of that duty, causation and damages. A third party does not owe a duty to an employer to refrain from injuring the employer’s employee. As part of an employee conference held at a state park, RaceTrac Petroleum, Inc. rented a pontoon boat from Traina Enterprises, Inc. Karen Ringrose, a RaceTrac employee, was crossing a gangway to get to the boat when the gangway collapsed, fatally injuring her. Does RaceTrac have a tort cause of action against Traina for damages it alleg edly suffered because it cancelled the…