The plaintiff, Tina Miller, mother and special administrator of Kyle Christian sued several people for negligently aiding her son Kyle who died after a heroin overdose. The plaintiff claimed that the defendant voluntarily undertook the duty to help Kyle, but did so negligently, and as a result, Kyle Christian died.
Facts
Christian, and a couple of associates, Moors and Hecox, started using heroin in the spring of 2006. To finance their heroin habit, Christian, Moors, and Hecox were stealing copper out of new construction homes and from stores. On the day Kyle Christian died, the group went to Kyle’s garage where he had some copper and sold the copper to a scrap yard. With the money the group bought six bags of heroin and Kyle ingested two bags of heroin. At some point Moors and Hecox noticed that Kyle was pale, and that his breathing was abnormal. Hecox began giving Kyle CPR. The group then drove to the house of another associate, Brian Hoshaw, to ask Hoshaw to check on Kyle as Hoshaw had seen Kyle overdose before and had experience with overdosing. The tree soon left Hoshaw’s house and went to a restaurant, called Spring Garden.


