Virginia Supremes Cite Specific Duty by Parent’s Assent

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On November 5, 2009 , Kellermann v. McDonough, Record No. 081718 (Va. filed November 5, 2009), the Supreme Court of Virginia expressly held for the first time that “when a parent relinquishes the supervision and care of a child to an adult who agrees to supervise and care for that child, the supervising adult must discharge that duty with reasonable care.” Id. at 8-9. The Court ruled that a common law tort action against a husband and wife survived the pleadings stage in a claim which arose out of the death of a 14-year old girl who was staying with them temporarily, and who was killed while riding in a car driven by an unrelated 17-year old boy.

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