Parent Who Leaves 4 Year Old Unattended Child In Idling Car Is Liable To Injured Passenger Of Struck Car For Negligent Supervision After Child Shifts Car Into Gear Causing It To Roll Into Other Vehicle
01/02/08
Mother left 4 and 11 year old children in idling car at gas station, while mother went inside to use the ATM. 4 year old climbed out of car seat and disengaged car from park position, causing car to roll backward into another vehicle, injuring the claimant. Court of appeals reversed trial court, finding injured passenger made case for negligent supervision under Missouri law. Court of appeals finds the facts distinguishable from those in National Dairy Products Corp. v. Freschi, 393 S.W.2d 48, 54 (Mo.App.E.D. 1965) (finding parents not liable for 3 year old boy who “crept out of his house early one morning, unbeknownst to his parents, climbed into a milk delivery truck, and released the brake, causing the truck to roll down a hill and into a neighbor’s house”). In instant case, mother “deliberately left two young children in idling vehicle without an emergency brake. While an automobile is not a dangerous instrument per se, it may become such when entrusted to an immature, incompetent, or reckless minor. Pursuant to Missouri law (RSMo. 302.250) and common sense, four and eleven year old children are too immature, incompetent, and reckless to be entrusted with an automobile.” LeBlanc v. Patton, Docket No. ED89539 (Mo.App.E.D. 1/02/2008).
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