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Dore v. City of Fairbanks9/28/2001
s tort duty to protect a victim from third party harm, we need not proceed with the weighing of the D.S.W. v. Fairbanks North Star Borough School District factors.
Our conclusion today should not be read to say that the police could never be responsible for injuries inflicted by dangerous third persons. Indeed, we have already so held in McLean, finding a duty in time-, location-, and actor-specific situations involving imminent, almost certain danger. And other courts have imposed a duty on police to respond to situations involving less imminent danger. However, there is no evidence in the present case that the police took charge of Jack Dore and that the police knew or should have known of his dangerous propensities. Guided by Restatement § 319, we conclude that the police owed no tort duty.
Because we hold that the city had no actionable duty to protect the Dore children, we need not reach the issues of whether summary judgment in favor of the city was proper on the issues of immunity and breach.
V. CONCLUSION
Because the superior court did not err in granting summary judgment that Jamie's and Brandi's claims were barred by the statute of limitations and that the city had no actionable duty, we AFFIRM.
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