Sanders v. Herold

This is an appeal from a summary judgment rendered in favor of appellees, Steven and Beth Ann Herold ("the Herolds"). Appellants, Christopher and Mary Ann Sanders ("the Sanderses"), filed a negligence suit for damages arising out of the molestation of the Sanderses youngest daughter, J.S. by the Herolds teenaged son, Michael. The Herolds filed a traditional motion for summary judgment, which the trial court granted. In three issues, the Sanderses contend that (1) one could reasonably infer from the evidence that the Herolds knew or should have known of their sons dangerous propensities, so as to impose a duty upon them to protect J.S. from the sexual assault perpetrated upon her; (2) they presented sufficient evidence from which people could reasonably infer that the Herolds conduct demonstrated a conscious indifference to an extreme risk, so as to defeat the Herolds motion for summary judgment on their gross negligence claim; and (3) the trial court erred in granting summary judgment. We affirm.