Beddingfield v. Linam 2013 WL 857288

Sharon D. Stuart

On March 8, 2013, the Alabama Supreme Court reversed a $600,000 jury verdict from Madison County which had been entered in a suit where a minor plaintiff, age 15, was struck in the eye with a firework shot by another minor.  The injured minor and his parents sued the boy who shot the firework as well as the boy’s parents, claiming, among other things negligent entrustment or negligent supervision of the son by the parents.  The Alabama Supreme Court refused to extend its holdings in negligent supervision cases to recognize a cause of action based on a parent’s negligence or wantonness in supervising his or her own child.  The court noted that it could not find an Alabama case addressing negligent supervision outside the employer/employee context, nor any case that describes the claim of wanton supervision.  The court also rejected the jury’s finding that the minor tortfeasor was strictly liable for the plaintiff’s injuries.  The Supreme Court remanded the case for a new trial on the remaining claims.
 

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