In this case, Michael Kellermann agreed to let his 14-year-old daughter Jaimee visit her friend Becka McDonough in December 2004. When he dropped off his daughter with Becka's mom, Kellerman specifically instructed her not to let Jaimee be driven anywhere by inexperienced drivers. "No boys with cars," he emphasized. McDonough agreed to Kellermann's instruction and promised to take good care of his daughter.
Later that day, Paula McDonough dropped off the girls at a local mall and movie complex. After the girls attended a movie, Becka called her mom and asked for permission to have her friend, Nate (who had a reputation for reckless behavior), drive them home. Mrs. McDonough agreed to let the girls ride with Nate. Jaimee reluctantly got into the car after fruitlessly searching for another ride home. Once in the car, Nate frightened Jaimee by driving erratically. She begged him to slow down. Jaimee texted her father stating that she feared for her life. A few moments later, Nate’s vehicle swerved out of control and hit a tree. Jaimee died of her injuries the next day.
The administrator of Jaimee’s estate sued the McDonoughs alleging wrongful death. The lawsuit alleged that the McDonoughs had agreed to supervise Jaimee and had promised to enforce Mr. Kellermann’s “no cars with boys” instruction. The lawsuit further alleged that the McDonoughs breached their duty of reasonable and ordinary care by allowing Jaimee to ride with Nate. The trial court dismissed the lawsuit finding that the pleadings were insufficient to support a wrongful death claim. The Virginia Supreme Court reversed:
"We hold that when a parent
relinquishes the supervision and care of a child to an adult who agrees
to supervise and care for that child, the supervising adult must
discharge that duty with reasonable care. However, such adult who agrees
to supervise and care for a child upon the relinquishment of that care
and supervision by the child's parent is not an insurer of the child's
safety. Rather, the supervising adult must discharge his or her duties
as a reasonably prudent person would under similar circumstances.
In this case, Kellermann pled
sufficient facts that support the existence of this common law duty. As
we have already stated, both Paula and Paul McDonough invited Jaimee to
visit their family, and the McDonoughs knew Jaimee was a 14-year-old
child. Kellermann alleged that Jaimee was in the care of the McDonoughs
for approximately two days, that she was dependent upon their
supervision and care, that they breached their duty to supervise and
care for her, and that she died as a result of the McDonoughs' breaches
of duty."
"If this Court were to agree with the McDonoughs, that they do not owe a duty in tort to supervise and care for a child whose parents have relinquished such supervision and control to them, such holding would yield absurd results. For example, an adult who agreed to supervise and care for a group of four-year-old children could permit the youngsters to play in a street at a dangerous and busy intersection, and yet that supervising adult would not be subject to tort liability for her negligent supervision and care. Additionally, under the McDonoughs' view of this case, an adult who agreed to baby-sit and care for a group of four-year-old boys in her home overnight could allow the boys to play with loaded pistols without being subject to any tort liability in the event one of the boys fired a pistol and killed another child."
Equally important, the Virginia Supreme Court held that a claim could proceed against Paula McDonough on the separate theory that she had assumed an express duty to render services to Jaimee by accepting Michael Kellermanns’ conditions and by promising that she would “take good care of” Jaimee.
The case was sent back to the circuit court for trial. The Virginia Supreme Court has made clear that parents who agree to supervise other minors have a duty to provide reasonable care and supervision. If the supervising parent agrees to certain terms and conditions imposed by the drop-off parent (“No cars with boys”), that agreement can form the basis of a heightened duty. All parents should be aware of this – whether they host sleepovers, birthday parties, camping trips, or play-dates. Do not agree to abide by the rules of another family, unless you really intend to honor those rules.
No comments:
Post a Comment