Xaphes v. Mossey

GIBSON, District Judge.

This action involves a suit brought by the guardian of two children against the defendant. The defendant is the stepfather of the children. The children have not been adopted by the defendant. The children are residents of Vermont. The guardian is a resident of Maine. The defendant is a resident of Vermont. In his answer, the defendant has asserted that the complaint fails to state a cause of action upon which relief can be granted. The defendant asserts that he stands in loco parentis to the children and therefore cannot be held liable for any negligence by him which…