Miller v. Hecox

Plaintiff sued for death of her son, who died from heroin overdose. Plaintiff alleged that Defendant, who along with two others had done heroin with Decedent, was negligent in rendering aid to Decedent, who they left in a car in restaurant parking lot. Evidence does not show Defendant made voluntary undertaking to care for Decedent. Dendant knew gravity of Decedent's condition and investigated it by observing him, and spoke with others about it, but did not actually do anything to render aid; thus, no duty of care owed to Decedent. Death did not result from conspiracy to use heroin, or conspiracy to render care negligently. Thus, court properly entered summary judgment for Defendant. (JORGENSEN and McLAREN, concurring.)