Hofflander v. St. Catherine's Hospital, Inc.

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 123. (concurring). I agree with the majority opinion that the cause must be remanded to the circuit court. I also agree with much of the majority opinion's analysis *613about a defendant caregiver's standard of care when it has custody and control over another person.

¶ 124. I write separately to make three points. First, I believe it is a mischaracterization to describe a defendant caregiver's standard of care in situations of custody and control as a heightened duty. The duty is simply to exercise ordinary (reasonable) care under the circumstances. Second,…