Gutierrez v. Thorne

The plaintiff brought this action against the defendant in his capacity as commissioner of mental retardation, on the basis of injuries allegedly sustained by the plaintiff while she was a client-participant in a department program. The dispositive issues in this appeal are (1) whethér it was reasonably foreseeable that a male employee of the department of mental retardation, who was assigned to supervise the plaintiffs living situation and who was supplied by the department with a key to the plaintiffs apartment, would commit a sexual assault upon the plaintiff in that apartment, and (2)…