292 P.3d 41
Okla. Civ. App.2012Background
- Brewer, 13, slept over at Jackson’s house after Jackson invited her and her daughter; Jackson left without adult supervision.
- Brewer’s parents provided rules and expected supervision; Jackson agreed to supervise Brewer.
- Jackson left the lake house overnight, failing to inform Brewer’s parents of the absence.
- Alcohol was available in Jackson’s home; the girls drank and became intoxicated.
- Older males, including Murray (19), arrived and engaged in sexual activity with Brewer; Murray was later convicted of statutory rape.
- Brewer sued Murray and Jackson; Jackson moved for summary judgment asserting no duty and lack of causation; district court granted summary judgment to Jackson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to protect from third parties | Brewer argues Jackson had a duty due to temporary custody. | Jackson argues no duty absent a special relationship. | Duty exists; not entitled to summary judgment on duty. |
| Duty scope with third-party conduct | Special relationships or Restatement provisions impose duty to protect. | No special relationship or duty beyond general rule. | Special relationship or statutory-like duties may apply; material facts disputed. |
| Breach of duty | Jackson’s absence and failure to supervise breached duty. | No undisputed breach; depends on trial facts. | Breach cannot be resolved as a matter of law; factual dispute. |
| Proximate causation | Jackson’s breach foreseeably led to injury via third-party acts. | proximate cause too attenuated or superseded by intervening acts. | Jury must determine proximate cause. |
Key Cases Cited
- Joyce v. M & M Gas Co., 1983 OK 110, 672 P.2d 1172 (OK Supreme Court (1983)) (no duty to the general public absent special circumstances)
- Lowery v. Echostar Satellite Corp., 2007 OK 38, 160 P.3d 959 (OK (2007)) (recognizes non-traditional duties outside parent-child context)
- Wofford v. Eastern State Hosp., 1990 OK 77, 795 P.2d 516 (OK Supreme Court (1990)) (duty when there is special relationship or foreseeability of harm)
- Iglehart v. Bd. of County Comm’rs of Rogers County, 2002 OK 76, 60 P.3d 497 (OK Supreme Court (2002)) (duty and foreseeability considerations; summary judgment standard)
- Copeland v. The Lodge Enters., Inc., 2000 OK 36, 4 P.3d 695 (OK Supreme Court (2000)) (test for summary judgment and evidentiary sufficiency)