Bell v. Grow With Me Childcare & Preschool

Summary

The Nebraska Supreme Court affirmed the dismissal of negligence claims against two childcare centers arising from the fatal abuse of an infant by a former employee. The court held that, under the Restatement (Third) of Torts, the centers' alleged failure to report the former employee's abuse did not create a general duty to protect the infant from risks created by a third party, and no applicable special relationship imposed such a duty on the facts presented.

Holdings

1. Restatement (Third) of Torts § 7 imposes a general duty of reasonable care only when the actor's affirmative conduct creates a risk of physical harm; it does not impose a universal duty of reasonable care to all others in all circumstances.
2. The failure to rescue, protect, or report another person's dangerous conduct is not, standing alone, conduct creating a risk of harm under § 7 and does not give rise to a duty of care under that section.
3. The childcare centers' prior employer-employee relationship with Cullen did not create an affirmative duty to protect Cash or the Bells from Cullen's later criminal acts after her employment ended.
4. The directed verdict for the childcare centers was affirmed because, as a matter of law, the centers owed no legal duty to Cash or the Bells.

Questions Presented

1. Whether the childcare centers owed Cash or the Bells a legal duty to protect them from the criminal acts of Cullen, a former employee.
2. Whether the centers' failure to report or alleged concealment of Cullen's prior abuse created a risk of physical harm sufficient to trigger a duty under Restatement (Third) of Torts §§ 7 and 37.
3. Whether a former employer-employee relationship supported an affirmative duty under Restatement (Third) of Torts § 41(b)(3).
4. Whether the remaining assignments concerning breach, proximate cause, and evidentiary rulings needed to be reached after resolving the duty issue.

Disposition

affirmed