C.L. v. McFadden
Citations
- 2026 Ohio 1150
Syllabus
The trial court erred by entering judgment in favor of a home daycare provider on claims of negligence and loss of consortium brought by the parents of two minor children who were sexually abused when the daycare provider left them alone with her husband. The trial court erroneously held that no duty of care existed, because the criminal acts were not reasonably foreseeable to the daycare provider. The daycare provider owed a duty of care to the children, both due to the special, custodial relationship between herself and the children and because she voluntarily undertook to render services she should have recognized as necessary for the children's protection. Questions of foreseeability are relevant to whether the daycare provider breached her duty of care to the children, not to whether she owed a duty at all.
Judges: Boggs
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27 cases in this archive are cited by this case; the 20 most cited are listed.
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court· 1989-02-22· cited 4,564×
- Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court· 1984-12-31· cited 1,296×
- Mussivand v. DavidOhio Supreme Court· 1989-09-20· cited 766×
- Paschal v. Rite Aid Pharmacy, Inc.Ohio Supreme Court· 1985-07-17· cited 639×
- Weirum v. RKO General, Inc.California Supreme Court· 1975-08-21· cited 329×
- Commerce & Industry Insurance v. City of ToledoOhio Supreme Court· 1989-08-23· cited 174×
- Wallace v. Ohio Dept. of CommerceOhio Supreme Court· 2002-09-04· cited 159×
- Di Gildo v. CaponiOhio Supreme Court· 1969-05-21· cited 156×
- Federal Steel & Wire Corp. v. Ruhlin Construction Co.Ohio Supreme Court· 1989-08-23· cited 141×
- Cromer v. Children's Hosp. Med. Ctr. of Akron (Slip Opinion)Ohio Supreme Court· 2015-01-27· cited 135×
- Briere v. Lathrop Co.Ohio Supreme Court· 1970-05-13· cited 90×
- Brodie v. Summit County Children Services BoardOhio Supreme Court· 1990-05-23· cited 62×
- Wallace v. Boys Club of Albany, Georgia, Inc.Court of Appeals of Georgia· 1993-12-03· cited 46×
- Whiting v. Ohio Department of Mental HealthOhio Court of Appeals· 2001-03-29· cited 45×
- Chambers v. St. Mary's SchoolOhio Supreme Court· 1998-08-12· cited 30×
- O. L. v. R. L.Missouri Court of Appeals· 2001-10-16· cited 29×
- Estates of Morgan v. Fairfield Family Counseling Ctr.Ohio Supreme Court· 1997-01-22· cited 28×
- Simpson v. Big Bear Stores Co.Ohio Supreme Court· 1995-08-16· cited 19×
- Miller v. StateOhio Court of Appeals· 2014-08-28· cited 16×
- G.E.T. ex rel. T.T. v. BarronMissouri Court of Appeals· 1999-10-26· cited 14×
Sourced from CourtListener / Free Law Project (CC0).
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