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
