Patterson v. Foley et al.

Plaintiff's Opposition to Motion to Strike

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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.

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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, D'Amico Griffin & Pettinicchi LLC | Attorney Advertising

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