Nichol v. Stass

735 N.E.2d 582 (2000)

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

Jonathan died on June 16, 1995, while at Ds' home and in their care, by drowning in a toilet. He was two years old. Ds sued under the Wrongful Death Act, the Rights of Married Persons Act, and the Survival Act alleging that the defendants negligently violated various duties imposed by the common law and by administrative regulations, and, further, that liability was established under the doctrine of res ipsa loquitur. Ds moved to dismiss arguing that the claims were barred by the doctrines of sovereign immunity and public officials' immunity. The motion was eventually granted. The appellate court affirmed the circuit court's dismissal order. It reasoned that Ds should be considered agents of the state and therefore could assert the protection of the sovereign immunity doctrine. The court theorized that the state owed the foster child a nondelegable duty of care and that the state would therefore be vicariously liable for the foster parents' conduct. The court rejected Ps' contention that Ds, even as agents of the state, could still be liable for the Jonathan's death because they owed the child a duty of care that was entirely independent of their status as foster parents. This appeal resulted.