Neel v. Sewell

834 F.Supp.2d 648 (2011)

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Nature of the Case

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Facts

Neel (P), along with his father, Evans (D), and his aunt, Tina McLean, were helping his step-grandmother, Beverly Sewell (D), clean out her house. To dispose of excess garbage that had accumulated during this process, a fire was started in the backyard. P testified at his deposition that he believed it was his father's idea to start the fire, and that the fire was actually started by either his father or his Aunt Tina. P noticed a bullet on the ground. P informed his Aunt Tina, who sent the other children in the area into Sewell's (D) house, and P and his aunt proceeded to inspect the contents of each additional bag of garbage before throwing it on the fire. A bag containing an aerosol can exploded in the fire. P, who was 17 years old at the time, sustained severe burns to his face and arms and received treatment at the University of Michigan Hospital. P seeks to recover from his father, Defendant Evans, under the theory that his father negligently supervised him by failing to institute and maintain adequate standards for the safe disposal of flammable materials, and by failing to warn and instruct him regarding appropriate procedures to ensure his safety as he assisted in the disposal of hazardous materials. Evans (D) seeks summary judgment in his favor on P's claims of negligent supervision. D contends that, as P's father, he is immune from liability under Michigan law for the claims of negligent supervision asserted against him in P's complaint.