Hall

Hall v. United States

Good Law
266 F. App'x 604
United States Court of Appeals for the Ninth CircuitFebruary 8, 2008No. 06-15522California306 words

Opinion

lead Opinion

*605 MEMORANDUM **

Appellants Hall et al. appeal dismissal of their Second Amended Complaint with prejudice, denial of their motion for leave to amend, and denial of their motion to alter or amend the judgment. Because their complaint, even liberally construed, fails to state a cause of action under Nevada law, we affirm.

Even assuming a special relationship existed between the government and Perry, no Nevada court has ever recognized a duty to control or warn where there is no physical harm. See Mangeris v. Gordon, 94 Nev. 400 , 580 P.2d 481, 483 (1978) (citing Tarasoff v. Regents of University of California, 17 Cal.3d 425 , 131 Cal.Rptr. 14 , 551 P.2d 334 (Cal.1976), for the proposition that a duty to warn against “dangerous conduct” may exist where “the defendant bears some special relationship to the dangerous person or to the potential victim”).

The Restatement (Second) of Torts, which Mangeris and Tarasoff rely upon, specifically limits duties arising from special relationships to protection against physical harm. Restatement (Second) of Torts § 314A (1965) (certain special relationships give rise to a duty to protect “against unreasonable risk of physical harm”); id. §…

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