Van Wart v. Cook

1 The plaintiff, Richard Joseph Van Wart, appealed a judgment on a verdict for the defendant, Linda Starr Cook, in a personal injury action, on the ground the trial court erred in failing to determine as a matter of law that the defendant did not assume the status of a parent to the plaintiff, therefore the immunity of the in loco parentis doctrine did not extend to her; and in the alternative, that the trial court did not correctly state the test of the doctrine in the instructions to the jury.