Brewer v. Murray
292 P.3d 41 (2012)
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Rule of Law:
An adult who voluntarily assumes temporary custody of a minor creates a special relationship that imposes a duty to exercise reasonable care to protect the minor from foreseeable harm, including the criminal acts of a third party.
Facts:
- Ashley Brewer, age 13, was invited to spend the night at the home of Vicky Jackson's 14-year-old daughter.
- Brewer's mother spoke with Jackson, who agreed to be home to supervise the girls and to enforce rules prohibiting alcohol and the presence of boys.
- After Brewer arrived, Jackson left the home and decided to stay overnight at her lake house, leaving the two girls unsupervised without informing Brewer's parents.
- The girls found and consumed alcohol from Jackson's liquor cabinet.
- After confirming Jackson would not return home that night, Jackson's daughter invited several older male acquaintances to the house.
- The men brought more alcohol, which the girls consumed, leading to their inebriation.
- Brewer had sexual intercourse with Jerry Murray, a 19-year-old man who was subsequently convicted of statutory rape for the incident.
Procedural Posture:
- Ashley Brewer sued Vicky Jackson and Jerry Murray in an Oklahoma district court (trial court).
- Brewer asserted a claim of negligence against Jackson.
- Jackson filed a motion for summary judgment, arguing she owed no duty to Brewer and her actions were not the proximate cause of Brewer's injuries.
- The district court granted Jackson's motion for summary judgment.
- Brewer appealed the grant of summary judgment to the Oklahoma Court of Civil Appeals (intermediate appellate court).
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Issue:
Does an adult who voluntarily assumes temporary custody of a minor for a sleepover, and agrees with the minor's parents to provide supervision, owe a duty of care to protect that minor from foreseeable harm resulting from being left unsupervised, including the criminal acts of a third party?
Opinions:
Majority - Fischer, J.
Yes. When an adult voluntarily assumes temporary custody of a minor, a special relationship is created that imposes a duty to exercise reasonable care to protect the minor's interests. Jackson voluntarily assumed temporary custody of Brewer with the specific understanding that she would supervise the girls. By leaving them alone overnight with access to alcohol, Jackson created a foreseeable 'zone of risk' that could lead to harm. The criminal act of a third party is not a superseding cause that automatically severs liability if that act was a foreseeable consequence of the initial negligence. The court found that it is a foreseeable reality that unsupervised teenagers with access to alcohol may engage in risky behavior, including inappropriate sexual conduct. Therefore, summary judgment was improper as there are disputed factual issues regarding breach and causation for a jury to decide.
Concurring - Barnes, P.J.
Yes. Jackson owed Brewer a duty of care, and summary judgment should be reversed. The duty arises from two primary sources: the general duty created by the special relationship when Jackson voluntarily undertook custody of Brewer, and a more specific duty to protect Brewer from her own daughter's conduct. Jackson knew about her daughter's prior substance abuse problems, which made the potential for harm to Brewer from being left unsupervised even more foreseeable. This knowledge created a duty on Jackson to warn and protect Brewer from exposure to that potential substance abuse.
Analysis:
This decision establishes in Oklahoma that an adult hosting a minor for a sleepover assumes a legal duty of care akin to that of a temporary guardian (in loco parentis). It clarifies that this duty can be breached by failing to provide adequate supervision and that the host may be held liable for foreseeable harm that results, even if that harm is directly caused by the criminal act of a third party. The ruling significantly limits the ability of a defendant in such a situation to win on summary judgment by claiming 'no duty,' shifting the focus to the jury to decide questions of breach, foreseeability, and proximate cause. This precedent strengthens protections for minors under the care of non-parental adults and expands the scope of social host liability.
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