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Wells v. Hickman

Court of Appeals of Indiana

657 N.E.2d 172 (1995)

Relevant factsFree

Fifteen-year-old L.H. beat twelve-year-old D.E. to death behind L.H.'s grandparents' house, though the two boys had previously played together civilly as neighbors; D.E.'s mother (plaintiff) sued L.H.'s mother Gloria and grandparents Albert and Geneva (defendants) for negligent failure to control L.H. Evidence showed L.H. had previously killed a dog and hamster, expressed suicidal thoughts, and been in a school fight, but the grandparents had not been asked to supervise the boys and did not know they were on the property. The trial court granted Gloria summary judgment but denied it to the grandparents, and both sides appealed.

IssueFree

Whether a parent has a duty to exercise control over a minor child when the parent knows or should know that injury to another person is possible.

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