April Abigail Guerra, a Single Woman, Plaintiff/appellant v. State of Arizona, a Governmental Enti — Bales, J…

Summary

The dissent would recognize that law enforcement officers owe a duty of reasonable care when they undertake to notify next of kin of a loved one's death. It reasons that the undertaking creates a special relationship, that negligent delivery can exacerbate emotional and physical harm, and that ordinary negligence elements would still limit liability. The dissent rejects a categorical no-duty rule based on concerns about chilling socially desirable police conduct.