Glomb By Salopek v. Glom

530 A.2d 1362 (1987)

Facts

Tia Marie (P) is the only child of John and Marie Glomb (D). They worked full-time, so the child was put in the care of a babysitter. The sitter they had hired quit on short notice, and they replaced her with another by the name of Sherry Ginosky. Almost immediately Ds began to notice small marks and bruises on P's face and body. Ginosky offered implausible explanations. Ds also noticed that P seemed to be in fear of Ginosky. After the discovery of large hand-shaped bruise on P's leg D threatened Ginosky with discharge for any more incidents. Just two days later, paramedics were rushed to the home to find P in serious physical shape and suffering periodic seizures, her breathing stopping and starting, and her face and head severely bruised. Ginosky claimed that P had tripped over a toy and hit her head on a rocking chair. All parties are in agreement that Ginosky intentionally inflicted the injuries upon P. P obtained a guardian ad litem and sued D and Ginosky. A verdict of $1.5 million was given, and Ds were given indemnification from Ginosky. Ds appealed. The court of appeals affirmed. This appeal resulted.