H.B. ex rel. Clarke v. Whittemore

OPINION

NORTON, Judge.

Appellant parents and their children challenge summary judgment on their negligence and fraud claims, arguing that respondents’ failure to warn them of a dangerous resident resulted in the sexual abuse of the children. We affirm summary judgment on the fraud claim, but reverse and remand for trial on the negligence claim.

FACTS

Appellants Tracy Clarke, David Tietze, and Pamela Tietze are parents who brought this action on behalf of their four minor children who were sexually abused by respondent Willard Whittemore. Appellants and Whittemore lived in the Eaton Mobile Home…