The Appellant appealed the Summary Dismissal of her Action for negligent investigation into her husband’s death.

Chief Justice Davidson examined the components of negligence to assess whether the harm experienced by the Plaintiff was reasonably foreseeable, while also considering any policy implications that might oppose the creation of a duty of care.

The Court held that interactions between the Appellant and the Respondents were part of a legally required investigation. That did not establish the necessary proximity to create a duty of care. The responsibilities of the Respondents under the Fatalities Inquiry Act were of a public nature and did not extend to individual family members. Acknowledging a private duty of care would jeopardize public trust in the investigative process.

The Appeal was dismissed.