A defendant who is not a party to a contract or a party’s agent is liable for interfering with the contract even if the contract contemplated the defendant’s performance of a different agreement with one of the parties.
Where hotel staff checks on a guest and fails to notice her suffering an aneurism in a dark room, a summary judgment on negligent undertaking theory of liability was held to be improper.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer.