Eileen Bloom v. Casella Construction, Inc.

Summary

The Supreme Court held that the trial court erred in granting summary judgment on the duty issue because a genuine issue of material fact exists as to whether Casella assumed DHMC's duty under Restatement §324A(b), and it reversed that portion of the judgment while affirming the trial court’s rejection of the plaintiff’s mutuality of interest and Hungerford arguments, remanding for further proceedings.