R.B.Z. v. Warwick Development Co., 681 So. 2d 569

R.B.Z. v. Warwick Development Co.

681 So. 2d 569 | Ala. | 1996

Lead Opinion

INGRAM, Justice.

The petition for the writ of certiorari is denied.

In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of *570Civil Appeals’ opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

HOOPER, C.J., and ALMON, HOUSTON, KENNEDY, COOK, and BUTTS, JJ., concur. MADDOX, J„ dissents.

Dissenting Opinion

MADDOX, Justice

(dissenting).

I respectfully dissent from the denial of certiorari review. I believe the Court of Civil Appeals erred in holding that Young v. Huntsville Hospital, 595 So.2d 1386 (Ala.1992), which created a “special relationship” between a hospital and its patients, applies to the facts of this case. I believe the rule announced in Young created a narrow exception to the general rule that an entity cannot be held liable for the criminal acts of a third party absent a “special relationship” between that entity and the injured party. This case involves a claim by a tenant against a premises owner based on injuries sustained as a result of a third party’s criminal act on the premises. Because Young created a “special relationship” only between a hospital and its patients, I believe the holding of Young to.be entirely inapplicable to the fact situation presented in this case.