District Of Columbia v. Hampton

666 A.2d 30 (1995)

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Nature of the Case

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Facts

DHS removed a two-year-old from her mother's care and placed the child in foster care. The foster mother left the child with her two sons for over ten hours. During that time the child was beaten to death by one of the sons. The mother brought this survival action asserting that DHS was negligent in selecting and supervising the foster parent and that DHS was vicariously liable for the death. To establish a standard of care for the placement and monitoring of children in foster care, P sought to call a witness with a Ph.D. in developmental psychology to testify as an expert on 'the provision of day care service in the foster care scenario.' D raised an objection, however, and after a hearing outside the presence of the jury, the court declined to accept the witness as an expert. No other expert testimony was offered. In its motion for judgment n.o.v., D argued that P was required to present expert testimony to establish the standard of care applicable to the selection and supervision of a foster parent. The court rejected this argument, holding that no expert testimony was needed because the jury 'was fully capable of deciding for itself without an expert witness' whether D had been negligent in selecting Stevenson as a foster parent and in supervising her in the performance of her duties. The jury found for P. This appeal resulted. The appeals court first found that there was no evidence to support the charge of negligence in selecting or in supervision. The court then addressed vicarious liability.