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Boston v. Athearn

A reasonable jury could find that the defendant-parents failed to exercise due care in supervising and controlling their 13-year-old son's use of their computer and Internet account after learning that he posed as a classmate to create a Facebook profile and posted false, profane and ethnically offensive statements and photographs in that forum.

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Alexandria Boston “Alex”, a minor, through her parents Amy and Christopher Boston, brought this action in the Superior Court of Cobb County against Dustin Athearn, a minor, his parents, Sandra and Michael Athearn, and other defendants. The Bostons allege that Dustin defamed Alex when, posing as her, he created a Facebook account and profile and posted statements and photographs in that forum that constituted libel under Georgia law.1 In addition, they allege that Dustin’s actions constituted intentional infliction of emotional distress. Sandra and Michael Athearn “the Athearns” moved for summary judgment. After a hearing, the trial court granted The Athearns’ motion, and the Bostons appeal. The Bostons contend that questions of material fact remain regarding whether the Athearns breached a duty to supervise their child’s use of a computer and an Internet account. In addition, they contend that questions of material fact remain regarding whether the Athearns, as landowners, breached a duty to remove defamatory content existing on their property. For the reasons explained below, we affirm in part and reverse in part.

Under OCGA § 9-11-56 c

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