CaseTABITHA LASLEY, A MINOR, BY JUANITA LASLEY, HER NEXT FRIEND, ET AL. v. DANIEL HYLTON
(Record Number 132048)
FromThe Circuit Court of Botetourt County; L. Kirksey, Judge.
CounselBettina C. Altizer and Terri Welch Luzynski (Altizer Law, P.C.) for appellant.
Monica Taylor Monday, Guy M. Harbert, III and Peter G. Irot (Gentry Locke Rakes & Moore, LLP) for appellee.
Assignment of Error
- The Trial Court erred when it determined as a matter of law that Appellee-Defendant owed no duty of ordinary care to minor Appellants-Plaintiffs, thereby precluding the jury from deciding the issue of whether Defendant had committed simple and/or gross negligence when Defendant gave his necessary permission for the child to ride his ATV and then actively participated in the child’s attempted operation of the ATV that was labeled, “NEVER permit a child under 12 to operate this ATV.”
- The court erred when it held that current law regarding parental supervision shielded Appellee-Defendant from liability for his own independent acts of negligence, simple and gross, as Ingle v. Clinchfield R.R. Co., 169 Va. 131, 192 S.E. 782 (1937), addressed the supervision of a child’s behavior whereas this case involves Appellee-Defendant’s own conduct in allowing and assisting an eight-year old child to engage in the potentially dangerous activity of riding Defendant’s ATV.