T.A. v. Eugene Allen and Elizabeth Ann

OPINION BY WIEAND, J.: Filed December 20, 1995 Does a tenancy by the entireties of a residence create a special relationship which, under Restatement (Second) of Torts § 315, imposes a duty upon a wife to protect the husband's minor licensees against the husband's criminal or tortious conduct? The trial court held that a wife owed a duty of reasonable care to protect her husband's grandchildren (by a prior marriage) from sexual abuse by the children's grandfather, and a jury awarded damages against the wife for the husband's conduct. This is a difficult issue. After careful consideration, however, we reverse.