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Kitchens v. Harris

The defending parents were entitled to summary judgment as to the plaintiffs' claims of negligent supervision, since the evidence showed that they had told their daughter that she could only use the ATV with their express permission and when they were present and no evidence showed that the parents knew or should have known that their daughter had a proclivity to use the ATV or allow others to use without their permission.

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This case involves a suit for injuries suffered by Pamela Harris, the 14-year-old child of Melvyn and Rosalie Harris, who was injured while attending a birthday party for her friend, Shannon Kitchens also age 14, at the residence where Shannon lived with her parents, Tony and Carol Kitchens. While the two girls, along with three other girlfriends of the same age, were left unsupervised at the party for less than an hour, Shannon obtained the key to her parents’ all-terrain vehicle ATV located at the residence and drove it and provided it for use by her friends. Pamela was seriously injured as a passenger on the ATV when one of Shannon’s friends drove it into a tree. The Harrises, individually and as parents and next friends of Pamela, sued Tony and Carol Kitchens, Shannon Kitchens, and others, seeking recovery for Pamela’s injuries. As to Tony and Carol Kitchens, the suit alleged that Pamela’s injuries were proximately caused by their negligent failure to provide supervision at the party, and their negligent entrustment of the ATV to a minor child. We granted this interlocutory appeal to address the trial court’s denial of the motion for summary judgment brought by Tony, Carol, and Shannon Kitchens. We reverse the denial of the motion as to the claims against Tony and Carol Kitchens because there is an absence of any evidence in the record to support the claims for negligent supervision or negligent entrustment. Although the motion for summary judgment was also brought by Shannon Kitchens, the motion addresses only the claims asserted against Tony and Carol Kitchens. Accordingly, as to negligence or other claims asserted against Shannon Kitchens, we affirm the denial of the motion. OCGA § § 51-11-6; 16-3-1.

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