Special Judge Gersten Holiday Edition of 3d DCA Watch!

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!


  1. smoke em if you got emJuly 2, 2011 at 6:46 PM

    Yes you can now take Shumie Time at Shumie's Cigars- out on Bird Road at the old Bergen Hunt and Fish Club right on the edge of the everglades. A big brawling cigar joint with the best of the best and if you know the guy behind the counter you may get a shot at a Cuban.

    Meanwhile, as they say, smoke em if you got em, and if you don't come get em at Shumie's.

    It's what you've all been waiting for- a Private Shumie Cigar Lounge.

  2. Say it ain't so Joe!


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