Patrick Wier Obtained a Summary Judgment in a Wrongful Death Case. Jason Azzarone Successfully Argues for Affirmance to the Second District Court of Appeal.

Patrick Wier obtained Summary Judgment in a wrongful death case where the firm represented an agency that provided foster care for infants. At the Trial Court level, the Plaintiff argued that the Defendant negligently failed to supervise the foster parents. There were also claims for negligent training. In light of the foster parents’ concession that they were properly trained and failed to follow the training, the Trial Court granted the Defendant’s Motion for Summary Judgment, finding that there was no breach of any duty owed by the Defendant to the minor child. Additionally, the Trial Court found that there was no causal link between the Defendant’s actions and the events surrounding the infant’s death.

The Plaintiff appealed the Trial Court’s decision to the Second District Court of Appeal. On appeal, the Plaintiff/Appellant argued that the Trial Court erroneously granted the Motion for Summary Judgment because the agency owed a duty to the decedent and the intervening actions of the foster parents did not negate that duty. The Plaintiff/Appellant also argued that the agency owed a continuing duty to the infant to see that the foster parents were caring for the child properly. Finally, the Plaintiff/Appellant argued that genuine issues of fact remained regarding the training of the foster parents. Following oral argument, the Second District Court of Appeal entered a Per Curiam Affirmance.