In honor of Judge Gersten's retirement, we bring you a special Fourth of July holiday edition of 3d DCA watch:
Whipple v. D&D Tree Farms:
I'm sure it's entirely coincidental that on Judge Gersten's retirement the Court has elected to issue an opinion on the "undertaker's doctrine."
Oh well, let's read on:
Whipple admits that the defendants did not have a duty to erect a fence, but he argues that according to the undertaker’s doctrine, once the fence was built, the defendants had a duty to use reasonable care to maintain that fence. We agree.Shh, don't tell Glenn Garvin but this is called a "tort" which is an ancient concept rooted in the fundamental duty of care that one person owes to somebody else.
It's part of the glue that binds us together as a civilized society, and Glenn doesn't even have to understand or agree with the system of interlocking obligations we owe to each other to be a beneficiary.
BTW, good luck with the Mexican fireworks!