Perschall v. Raney ( 1985 )

PRESIDING JUSTICE GREEN,

specially concurring:

I concur in the decision to affirm. However, I do not deem the circumstances here to be substantially different than in Grass. The direction of the report there to persons whom it might concern indicated that it was being prepared for the use of persons other than those requesting it. The foreseeability of reliance there was as great as here. The fact that the liability there was vicarious while here it is direct makes no difference. I cannot reconcile the two decisions. Accordingly, for the reasons stated by the majority but which do not seek to distinguish the cases, I would overrule Grass.