Goorland v. Continental Insurance And Ymc

2003 WL22321462 (2003)

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Nature of the Case

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Facts

Jacob Goorland (P), age four at the time of the accident, who is Tracy Goorland's (D) son. P was struck by a vehicle being driven by Thomas (D1) while in the parking lot of a Young Men's Christian Association (“YMCA”) facility. P was unaccompanied by his mother at the time and had recently exited a building within which YMCA. P sued D1 and others, and they brought D into the suit as a third party defendant seeking contribution. D admitted that on the day of the accident, P was under her care, custody, and control. An eyewitness testified that P appeared to be unattended in the YMCA parking lot for a period of one (1) to two (2) minutes. A co-defendant testified that D had left her child unattended inside the YMCA prior to the accident for two (2) to four (4) minutes. As such Ds claimed that because of D's reckless and/or grossly negligent conduct in failing to know the whereabouts of her child and failing to provide adequate supervision of her child D is completely or partly responsible for the injuries sustained by said child. D moved for summary judgment.