holding that a fact issue precluded summary judgment on the foreseeability of a sexual abuse when the evidence showed that the- defendant observed inappropriate behavior between the victim and assailant before the abuse
How later courts described this case
- holding that a fact issue precluded summary judgment on the foreseeability of a sexual abuse when the evidence showed that the- defendant observed inappropriate behavior between the victim and assailant before the abuse
- recognizing that homeowner has special relationship with child invitee sufficient to impose a duty to protect the child from the foreseeable sexual assault of a third party also living in the home
- concluding that woman owed duty based on special relationship with a teenage girl where the woman invited the girl to live at her home away from her parents and set rules for the girl’s conduct
- holding that a duty to protect an invitee from sexual abuse by a third party could be found because there was a special relationship between the homeowner and invitee
Written by the judges who cited it.
The opinion
PAGE, J.
(dissenting).
I join in the dissent of Justice G. Barry Anderson.