Doug Satterfield v. Breeding Insulation Company, et al. - Concurring/Dissenting

Doug Satterfield v. Breeding Insulation Company, et al. - Concurring/Dissenting
E2006-00903-SC-R11-CV

I fully concur in the majority’s conclusion that Alcoa owed a duty to Ms. Satterfield to take reasonable steps to prevent her from suffering harm as a result of the risks created by the operation of Alcoa’s facility. I write separately to express my belief that any discussion of foreseeability in the context of duty encroaches upon the role of the finder of fact. In doing so, I will explain the considerations that I believe are relevant to a duty analysis. This Court has previously stated that the existence of a duty depends upon the presence

Authoring Judge: 
Justice Janice M. Holder
Originating Judge: 
Judge W. Dale Young
Date Filed: 
Tuesday, September 9, 2008