Jane Doe I v. Young Women's Christian Ass'n of Greater Atlanta Inc.

There was no evidence that a sexual assault on a 4-year-old girl was reasonably foreseeable while an employee of a transitional shelter house supervised the girl and the 10-year-old boy who allegedly attacked her.

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Jane Doe I brought suit against Young Women’s Christian Association of Greater Atlanta, Inc. “YWCA” and its employee, Lythea Oliver-Gaither, alleging that her then four-year-old daughter, Jane Doe II,1 was sexually assaulted by a ten-year-old boy while Oliver-Gaither was supervising Doe II at the YWCA’s transitional family shelter house hereinafter the “Shelter House” where Doe I and Doe II temporarily resided. The YWCA and Oliver-Gaither filed a motion for summary judgment, which the trial court granted. The trial court also denied Doe I’s cross-motion for summary judgment on the enforceability of exculpatory clauses she signed when she moved into the shelter. Doe I and Doe II appeal from those orders, contending that the trial court erred in granting summary judgment to the YWCA and Oliver-Gaither, because questions of fact remain regarding her claims for negligent supervision, negligent security, and negligent supervision/training of an employee. Doe I and Doe II also contend that the trial court erred in granting the YWCA and Oliver-Gaither’s motion for summary judgment and denying Doe I & Doe II’s cross-motion for summary judgment, concerning the enforceability of the exculpatory clauses. For the reasons that follow, we affirm the trial court’s decision.

“On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations and punctuation omitted. Campbell v. Landings Assn., 289 Ga. 617, 618 713 SE2d 860 2011.

Jane Doe I v. Young Women's Christian Ass'n of Greater Atlanta Inc.

There was no evidence that a sexual assault on a 4-year-old girl was reasonably foreseeable while an employee of a transitional shelter house supervised the girl and the 10-year-old boy who allegedly attacked her.

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