Kenneth England v. Maria Brianas

Summary

The Supreme Court of New Hampshire affirmed dismissal of Kenneth England’s negligence action against Maria Brianas after her former intimate partner stabbed England in Brianas’s home. The court held that Brianas did not owe England a duty to warn or protect him because the alleged conduct did not make the assault sufficiently foreseeable and no special relationship or circumstances imposed such a duty.

Holdings

1. Private persons generally have no duty to protect others from the criminal acts of third parties, although a duty may arise in limited circumstances involving a special relationship or sufficiently foreseeable criminal misconduct.
2. Brianas's knowledge that Bryson was upset, left an angry telephone message, used profanities, and appeared to follow her was legally insufficient to make his attack on England foreseeable or to impose a duty to warn England.
3. Dismissal was proper because the pleadings failed to establish the duty element of negligence.

Questions Presented

1. Whether Brianas owed England a legal duty to warn or protect him from Bryson's criminal assault based on the alleged circumstances.
2. Whether the pleaded facts established a special relationship or special circumstances sufficient to overcome the general rule that private persons have no duty to protect others from criminal acts of third parties.
3. Whether the Superior Court properly dismissed the negligence action.

Disposition

affirmed