Plaintiff argues that she has properly stated claims against the assailant's mother for breaching her common law, and Restatement (Second) of Torts §§316 and 319 duties to control, supervise, and protect where her son, as she was well aware, was legally incompetent, mildly mentally retarded, with a mental condition like that of a child, behavioral and emotional issues, and an anxiety disorder. The assailant lived with his mother, who provided for his day-to-day needs and care—including his shelter, food, clothing, financial and disciplinary needs, and transportation. She also controlled or influenced nearly every aspect of his life including regulating his prescription medication and furnishing him with a bicycle and permission to roam the neighborhood in spite of his history of causing disruptions. It was therefore foreseeable that he would cause a neighbor harm. The mother is alleged to have had both the ability and the opportunity to control him.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Published In:
Personal Injury Updates
Reference Info:
Legal Memoranda: Motion Addressed to Pleadings |
State, 2nd Circuit, Connecticut |
United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Brendan Faulkner, Private Practice & Independent Contractor Attorney | Attorney Advertising