Doe v. Young Women's Christian Ass'n of Greater Atlanta, Inc.
321 Ga. App. 403
Ga. Ct. App.2013Background
- YWCA shelter house houses homeless women and children; Doe I’s four-year-old daughter Doe II was assaulted by a ten-year-old resident while supervised by YWCA employee Oliver-Gaither.
- Doe I and Doe II signed releases including a Shelter Agreement and Liability Release releasing the Shelter House and employees from liability for injuries arising from occupancy.
- Doe I sued for negligent supervision, negligent security, and negligent training/supervision of an employee; she also challenged the enforceability of the liability release.
- Trial court granted summary judgment to YWCA and Oliver-Gaither on all claims and enforceability, and denied Doe I’s partial summary judgment on the release.
- Evidence showed Oliver-Gaither supervised Doe II for a period after Doe I left; Doe II’s assault occurred with Doe II in view for short intervals, and there was no prior demonstrated propensity of the assailant to sexual violence.
- The appellate court reviews de novo and affirms, finding no triable issue on foreseeability or negligent supervision based on lack of evidence of a prior similar incident and lack of knowledge of the assailant’s propensity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligent supervision of a child—foreseeability | Doe I asserts foreseeability based on prior incidents. | YWCA/Gaither lacked notice of propensity; child remained in sight. | No genuine issue; summary judgment supported. |
| Negligent training/supervision of an employee | Evidence of improper training or supervision present. | No incidents showing recklessness or causal link; no prior events. | No liability; summary judgment affirmed. |
| Negligent security/premises liability | Prior crimes at Shelter House foresee risk to minor residents. | Need substantially similar prior crime with admissible evidence; no admissible prior incident. | No admissible prior incident; no foreseeability; summary judgment affirmed. |
| Enforceability of the liability release | Release should be invalid as against public policy/consideration. | Release enforceable and bars claims. | Not reached on the merits since other claims resolved in favor of movants. |
Key Cases Cited
- Walker v. Aderhold Properties, 303 Ga. App. 710 (2010) (premises liability; duty of landlord/owner to prevent foreseeable third-party harm)
- Thurman v. Applebrook Country Dayschool, 278 Ga. 784 (2004) (negligence standard for childcare providers; reasonable care)
- Bull Street Church of Christ v. Jensen, 233 Ga. App. 96 (1998) (caregiver not insurer of safety; foreseeability standard)
- Ball v. Bright Horizons Children Center, 260 Ga. App. 158 (2003) (foreseeable risk; duty to exercise reasonable care)
- Doe v. Andujar, 297 Ga. App. 696 (2009) (proclivity for specific dangerous activity may be required for duty)
- Remediation Resources v. Balding, 281 Ga. App. 31 (2006) (evidence required for negligent training/supervision claim)
- La Petite Academy v. Turner, 247 Ga. App. 360 (2000) (causal link in negligent training/supervision")
- Vega v. La Movida, Inc., 294 Ga. App. 311 (2008) (foreseeability of criminal attack; jury question generally)
- McNeal v. Days Inn of America, 230 Ga. App. 786 (1998) (substantial similarity not required to be punished; foreseeability)
- Robinson v. State, 312 Ga. App. 736 (2011) (hearsay/business records foundations)
- Loyal v. State, 300 Ga. App. 65 (2009) (requirements for evidence under business records)
- Luong v. Tran, 280 Ga. App. 15 (2006) (hearsay admissibility)