637 N.E.2d 102 | Ohio Ct. App. | 1994
Plaintiffs Dean and Patsy Neuenschwander have appealed from a judgment of the Wayne County Court of Common Pleas that dismissed their complaint against the Wayne County Children Services Board and two of the board's employees. The trial court concluded that plaintiffs had failed to state a claim against defendants upon which relief could be granted. Plaintiffs have appealed to this court and have argued: (1) that the trial court incorrectly concluded that they failed to state a negligence claim against defendants for refusing to investigate a charge they filed with the board alleging that their granddaughter had been sexually abused, and (2) that the trial court incorrectly concluded that they failed to state a claim upon which relief could be granted when they had requested a declaratory judgment "ordering that [defendants] conduct an investigation" of the charge they had filed with the board. This court affirms the judgment of the trial court because the averments of plaintiffs' complaint, if true, did not show that defendants violated any duty owed plaintiffs and because plaintiffs failed to allege a justiciable controversy that entitled them to a declaratory judgment. *769
According to the Neuenschwanders, they were repeatedly told during that investigation that representatives of the children services board believed the child had been abused. The Neuenschwanders claim that Mr. Neuenschwander was eventually "ruled out as the alleged abuser."
On June 18, 1992, the Neuenschwanders filed their own charge with the children services board that their granddaughter had been sexually abused. According to the averments of their complaint in this case, the Neuenschwanders' charge was "premised" on "observations they had made of their granddaughter, vaginal infections that the child had since she was a baby," and comments of various employees of the children services board. According to the Neuenschwanders, the children services board failed to conduct an investigation of their charge.
The Neuenschwanders' complaint in this action included three "counts." By "Count 1," they asserted that defendants were negligent in failing to investigate their charge "in violation of Ohio Revised Code Section
A necessary prerequisite to a successful negligence claim is a duty owed plaintiffs by the defendants. See Hill v. Sonitrol
(1988),
"In an action for neglect of duty it is not enough for the plaintiff to show that the defendant neglected a duty imposed by statute, and that he would not have been injured if the duty had been performed, but to entitle him to recover, he must further show that such duty was imposed for his benefit, or was one which the defendant owed to him for his protection and security, from the particular loss or injury of which he complains." (Citations omitted.) Hocking Valley Ry. Co. v. Phillips (1910),
In order for the Neuenschwanders to have set forth a claim of negligence per se based upon defendants' alleged violation of R.C.
In Brodie v. Summit Cty. Children Serv. Bd. (1990),
"When CSB receives a report that a child is suspected of being abused or neglected, CSB has a duty under the statute to begin an investigation within twenty-four hours. The mandate is to take affirmative action on behalf of a specifically identified individual. This individual is a minor whom the General Assembly has determined to be a proper recipient of the specialized care and protection that only the state through its political subdivisions is able to provide in many instances."Id. at 119,
R.C.
Judgment affirmed.
REECE, P.J., and BAIRD, J., concur.