Ned S. Church, an Infant, by Wendy Smith, His Guardian Ad Litem, Appellants v. Callanan Industries, Inc…

Summary

The New York Court of Appeals affirmed the lower courts, holding that San Juan Construction owed no duty of care to the infant plaintiff despite its contractual obligation to install guiderail, because the case did not fall within any of the recognized exceptions that would create tort liability from a breach of contract.