Durkan v. Vaughan

The appellant, Russell Joseph Durkan, filed a second amended petition alleging that the appellees, Joseph G. Vaughan and LeeAnn A. Vaughan, were negligent in failing to supervise the conduct of their adult son who allegedly assaulted Durkan. Durkan alleged that the Vaughans had knowledge of prior assaultive behavior on the part of their son. The Vaughans moved for summary judgment. At the hearing on the motion for summary judgment, Durkan offered an exhibit indicating that the Vaughans were aware of a prior instance of assault by their son. The record is silent regarding whether the exhibit…