California Court of Appeal

In a father's suit against a foster agency seeking damages for negligence and wrongful death, claiming that his two-year old daughter drowned when her foster mother left the child unattended in a bathtub, trial court's grant of defendant's motion for summary judgment is affirmed as: 1) the undisputed evidence shows the foster mother was an independent contractor in performing her responsibilities as the foster parent of the child as a matter of law; and 2) as such, defendant met its burden to demonstrate that it was not directly or vicariously liable for the act that caused the death of the child.

Appellate Information

• Decided 06/18/2010
• Published 07/16/2010

Judges

• McKinster

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John Henrichs, Katharine L. Spaniac