Partner Jillian Vukson and Associate Attorney Kara Brownlie successfully obtained summary judgment, dismissing their clients joined as additional defendants in a motor vehicle accident case in Philadelphia County, Pennsylvania. One of multiple co-defendants had joined their clients as Defendants, alleging that their clients were negligent for failing to “properly” supervise their child, who was struck by a vehicle while running away from a neighbor’s dog less than a block from his home.
In this case, the co-defendant’s vehicle hit the minor plaintiff as he fled from the neighbor’s dog, causing him to enter the street and collide with the co-defendant’s vehicle. The co-defendants argued that the minor plaintiff’s parents were solely responsible for their child’s injuries, claiming they failed to adequately monitor their child for permitting their child to be outside their home unsupervised.
GMR swiftly and assertively argued that the co-defendant had failed to make a prima facie claim for negligent entrustment, arguing it was not inherently negligent for parents to allow their child of tender years to play outside unattended. They argued that the co-defendant’s claim failed under the “reasonable parent” standard established by Pennsylvania case law, which does not require a parent to be perfect. As established in Miller v. Leljedal, a mere misjudgment in supervising one’s child does not necessarily constitute a breach of duty.
The Court granted GMR’s motion for summary judgment, agreeing with Jillian and Kara’s argument that their clients were not negligent in permitting their child to be unattended outside their home in their neighborhood.
