Monday, March 31, 2008

More on Nero

In Nero v. Kansas State University, 253 Kan. 567, Syl. ¶ 1, 861 P.2d 768 (1993), we held:
"To recover for negligence, the plaintiff must prove the existence of a duty, breach of that duty, injury, and a causal connection between the duty breached and the injury suffered. Whether a duty exists is a question of law. Whether the duty has been breached is a question of fact."



Although we did not sue K-State, it is a fact that K-State breached its duty in protecting residence hall members from an intruder on the night of Feb. 18, 2006. It has never taken ownership of its responsibility, however.


From the office of Web site of Robert L. Pottroff Manhattan, Kansas, Managing Partner, who was involved in the Nero legal action.

Nero v. Kansas State University, 253 Kan. 567, 861 P.2d 768 (1993); established the duty of a university to exercise reasonable care to protect the safety of students it houses.

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