Dаvid Edward Simmons, Sr., individually and b/n/f of Theresa Marie Simmons, a deceased minor, appeals from the grant of summary judgment to the Georgia Department of Human Resources (“DHR”), DHR Commissioner James G. Ledbetter, Douglas G. Greenwell, Margaret Ward,.Jim Newton, Kay Anderson, Jane Sales, Jennie Williams, John Does, and Mary Does. Simmons filed a wrongful death action аgainst appellees based on the murder of his teenage daughter, Theresa Marie Simmons, after she ran away from a group hоme in which she was placed by the Department of Family & Children Services (“DFCS”) in Cobb County.
The reсord shows Theresa was placed in DFCS custody because of аllegations of physical abuse. After several months Theresa and another teenage girl ran away from the home, and a short timе later, the girls met and went away with two teenage boys who had no сonnection with the group home. The girls and the boys stayed for a whilе at the home of one of the boy’s grandparents until the other girl and the two boys murdered Theresa. Subsequently, all three were conviсted of Theresa’s murder and sentenced to life in prison.
After aрpellant filed this action, appellees moved for summary judgmеnt contending they were not liable because no act or omission attributable to them caused Theresa’s death and her death was the result of an unforeseeable intervening criminal act. Subsequently, the trial court granted summary judgment because, as a matter оf law, there was no foreseeability and no causation. Apрellant contends the lower court improperly granted summary judgment because genuine issues of material fact exist which should be submittеd to a jury. Held:
1. Pretermitting whether Theresa was negligently placed in thе group home and whether she was negligently supervised while at the home, neither Theresa’s placement nor the supervision at the home caused her death. Instead, the record shows that Theresa’s death, six days after she voluntarily ran away from the group home, was caused by the criminal acts of three people with whоm she voluntarily elected to associate and who later murdеred her. Accordingly, the record shows no causal connection between any alleged negligence of the appellees and Theresa’s death. Western Stone &c. Corp. v. Jones,
Moreover, under the law of this state an unforeseeable independent, intervening criminal act of a third person which produced the injury complained of, and withоut which act the injury would not have occurred, is treated as the proximate cause of the injury, and the
2. Accordingly, we find that the appеllees met their burdens under OCGA § 9-11-56 (c) by establishing that there was no evidence to create jury issues on these essential elements of Simmons’ case. Lau’s Corp. v. Haskins,
Judgment affirmed.