Goorland v. Continental Insurance And Ymca

2003 WL22321462 (2003)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.