Brown v. StanleyAnnotate this Case
Mary Cummings, a participant in a charitable fundraising walk for the benefit of Defendants, was injured when she was struck by a vehicle operated by James Brown, an employee of Bluelinx Corporation. Cummings settled all claims against all Defendants. Brown and Bluelinx then filed suit against Defendants seeking contribution toward the settlement. A jury found that Defendants’s negligence was the proximate cause of Cummings’s injuries and apportioned Defendants’ fault at twenty percent. The superior court subsequently granted Defendants’ renewed motion for judgment as a matter of law, finding that there was not a legally sufficient basis for the jury’s verdict. The Supreme Court affirmed, holding that, as a matter of law, there was no cognizable duty of care owed by Defendants in this case.