Thursday, July 30, 2009

Kellerman, Adm'r v. McDonough

In this case the Virginia supreme Court held that when a parent gives up supervision and care of their child to another parent or adult, who is willing to watch and supervise the child, the supervising caregiver must accomplish the duty with reasonable care. However, the Court also stated that the supervising adult is not an insurer of the child's safety.

Unfortunately, in this case, a parent allowed the supervised child to ride with a young male who had the reputation for being a reckless driver and in complete contradiction to the instructions of the parent of the deceased child who told the supervising adult not to allow his child to ride in a car being driven by young males. The supervising parent ignored the instructions and allowed the decedent to ride in a car driven by a young male. The young male was involved in an accident, and the supervised child was killed.

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