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.
Summary judgment properly granted in favor of balloon tour company and pilot, albeit on different ground, absolving them of liability for injuries from crash landing.