Mayberry v. Pryor

Four-year-old Justin Mayberry was in foster care in the home of Alfred and Carol Pryor (defendants). One day when Justin was by himself on the Pryors’ front porch, he was allegedly attacked by a dog. Unfortunately, Justin was deaf and not able to speak. Thus, Justin could not scream for assistance. The attack left Justin with significant damage, including permanent brain damage. Justin’s disabilities, both physical and mental, necessitated placement in a residential institution. Justin’s biological mother, Kay Mayberry (plaintiff), sued the Pryors for negligent supervision, and she filed suit against the dog’s owners (defendants) as well. The Pryors filed a motion for summary judgment, asserting that their role as foster parents enabled them to raise the parental-immunity defense. A circuit court granted summary judgment, and an appellate court affirmed. The Michigan Supreme Court granted review. On appeal, the supreme court ordered the parties to submit briefs addressing whether the lower courts’ application of a prior case that dealt with the liability in tort of biological parents, Plumley v. Klein, was proper. Additionally, the supreme court asked the parties to address whether foster parents could raise the parental-immunity defense. Plumley had held that a child could sue a parent for injuries resulting from the parent’s alleged negligence. However, there were two exceptions applicable: if the alleged negligence related to the use of a parent’s reasonable authority concerning a child or reasonable parental discretion regarding the provision of necessities. Based on Plumley, the circuit court and the appellate court determined that the parental-immunity defense could be raised by anyone who was in loco parentis to a foster child. The circuit court ruled that the Pryors were in loco parentis to their foster child, Justin. Both the circuit court and the appellate court determined that the first exception under Plumley prevented a suit for negligent parental supervision, which involved a parent’s use of authority concerning a child. A foster parent’s liability in tort for harm to a foster child through negligence was an issue of first impression in Michigan.