Court of Appeals of New York

In this case, plaintiff D.T., a neglected 13 year old child, had been placed in a residential facility operated by defendant. Plaintiff left the facility without permission and proceeded to a nearby highway. Several staff members attempted to secure plaintiff's return. On the shoulder of the highway, plaintiff refused verbal directives to return and walked into the middle of the highway, where she was struck by an oncoming vehicle and injured. Summary judgment in favor of defendant is reversed, where: 1) defendant has not met its threshold burden of demonstrating the absence of triable issues of fact as to whether its staff met the duty to provide the degree of care to plaintiff that a reasonable parent would provide; and 2) the jury must decide if a parent of ordinary prudence in similar circumstances would have employed different means to protect plaintiff.

Appellate Information

• Decided 11/25/2014
• Published 11/25/2014

Judges

Court

• Court of Appeals of New York

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