Torts Keyed to Dobbs
District of Columbia v. Hampton
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DHS removed two year-old Mykeeda Hampton from her mother’s care claiming her mother was not properly caring for the child. The child was then placed in a foster home. The foster mother, Geraldine Stevenson (Stevenson) left the child alone with her two sons, one of whom beat the child to death. Ms. Hampton, the child’s mother (Appellee), brought a survival action alleging (1) negligence on the part of DHS for selecting Stevenson for foster care; and (2) that since Stevenson was an agent for DHS, vicarious liability applied. The Superior Court of the District of Columbia denied Appellant’s Motion for Judgment Notwithstanding the Verdict in the negligence suit. The trial court entered judgment for Appellee. In its challenge, the District of Columbia (Appellant), alleged that it could not be held liable under a respondeat superior theory since Stevenson was an independent contractor.
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