Perry v. S.N. And S.N.

973 S.W.2d 301 (1998)

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Nature of the Case

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Facts

B and K attended a day care center operated by Francis and Daniel Keller. Their parents (Ps) alleged that during their attendance their children were abused and sexually molested by the Kellers. P sued the Kellers, and three of their friends, Douglas Perry, Janice White, and Raul Quintero. P claims that Francis confided in White that Daniel has abusive habits toward children. P also alleges that Douglas, Janice, and Raul were present when they saw Daniel take children from the daycare center to his home to sexually molest them. Ps alleged that Douglas, Janice, and Raul were negligent per se because they violated the statute that required any person who has cause to believe that a child's physical or mental health welfare has been or may be adversely affected by abuse to file a report with the police of regulatory agencies. Ps also asserted gross negligence and common law negligence claims. Douglas, Janice, and Raul moved for summary judgment on the sole ground that Ps failed to state a cause of action. Their motion for summary judgment was granted, and Ps suit was severed from that of the Keller's. The court of appeals affirmed the summary judgment on the common law negligence but reversed on the issue of negligence per se and gross negligence; a violation of the Family Code's child abuse reporting requirement is negligence per se.