J.L. v. Childrens Insititute
Plaintiffs and appellants J.L., a minor by and through his guardian ad litem D.L., appeal from a judgment entered in favor of defendant and respondent the Childrens Institute, Inc. (CII) following a grant of summary judgment on appellants complaint for negligence. Appellant was sexually assaulted by a 14 year old while in a family day care home to which CII referred him. The trial court ruled that CII owed no duty to protect appellant from the harm suffered. Court affirm. CII owed no duty to protect against an unforeseeable criminal assault, nor was it vicariously liable for any possible breach of duty by the day care provider.
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