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Tuesday, March 6, 2012

Vandella Davis, as Guardian Ad Litem for Roland Davis v. Devereux Foundation (066800; A-54/55-10)

Vandella Davis, as Guardian Ad Litem for Roland Davis

v. Devereux Foundation (066800; A-54/55-10)

The Court reaffirms the duty of due care imposed upon

caregivers with in loco parentis responsibilities to

persons with developmental disabilities. However,

applying the analysis set forth and developed by prior

Court opinions, the parties’ relationship, the nature

of the risk, the opportunity and ability to exercise

care, and public policy, do not justify imposing on

such caregivers a “non-delegable duty” to protect

residents from harm caused by employees’ intentional

acts. Also, no rational factfinder could find that

McClain’s criminal assault on Davis was conducted

within the scope of her employment. 2-29-12