Niece v. Elmview Group Home

Lori Niece, a physically and mentally disabled woman, was repeatedly raped while residing at Elmview Group Home. Some of her claims against Elm-view were dismissed on summary judgment and she appeals, contending the trial court erred in finding (1) Elm-view was not vicariously liable for the intentional torts of its employee; (2) there was no issue of material fact regarding Elmview’s negligent supervision; and (3) Elmview’s duty to protect Ms. Niece from foreseeable dangers was limited to its duty to supervise its employees. We reverse and remand.

In 1986, when Ms. Niece was twenty-two years…