DeLong v. Erie County case brief summary
F: P and her family lived in area that was served by 911 system. D operated this service. One day, P called 911 and told that burglar was breaking into her house. The respondent said that held would be sent right away. However, the complaint writer wrote down the incorrect address for P, and failed to follow procedures. P was injured, and P’s successors sued D for negligence. Ruled for P
R: Municipalities are not immune from liability when they voluntarily assume a duty to provide police protection for an individual.
A: In RIss, there was no special relationship btw police and the V which gave rise to a special duty. Riss noted that where the
police undertake responsibilities to particular members of the public, municipality may lose its governmental immunity. By contrast, in this case, P was induced to rely on an immediate response to her for help. This was not a mere failure to furnish police protection, but rather a case where D voluntarily assumed a duty.
C: affirmed.
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F: P and her family lived in area that was served by 911 system. D operated this service. One day, P called 911 and told that burglar was breaking into her house. The respondent said that held would be sent right away. However, the complaint writer wrote down the incorrect address for P, and failed to follow procedures. P was injured, and P’s successors sued D for negligence. Ruled for P
R: Municipalities are not immune from liability when they voluntarily assume a duty to provide police protection for an individual.
A: In RIss, there was no special relationship btw police and the V which gave rise to a special duty. Riss noted that where the
police undertake responsibilities to particular members of the public, municipality may lose its governmental immunity. By contrast, in this case, P was induced to rely on an immediate response to her for help. This was not a mere failure to furnish police protection, but rather a case where D voluntarily assumed a duty.
C: affirmed.
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