Jeffers v. Olexo

We will first consider whether a question of material fact existed as to Dawes, thus making summary judgment inappropriate.

I

The court of appeals held that material questions of fact existed as to Dawes’ duty to control or retrieve the helium tanks in spite of the agreement entered into by the Campaign Committee with Dawes. This action sounds in negligence.

As to the elements of a cause of action in negligence it can be said that “[i]t is rudimentary that in order to establish actionable negligence, one must show the existence of a duty, a breach of the duty, and an injury resulting proximately…