Yearty v. Scott Holder Enterprises, Inc.

Because I believe that there remains a genuine issue of material fact as to whether the improperly installed smoke alarm's failure to alert Yearty to the presence of smoke resulted in her injury, I must respectfully dissent to the majority opinion holding otherwise.

One who undertakes, ... for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if: (a) his failure to exercise…