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Perry v. S.N. and S.N.

Texas Supreme Court
973 S.W.2d 301 (Tex. 1998)


Facts

The children of Mr. and Mrs. N (plaintiffs) went to a day care owned by the Kellers. Mr. and Mrs. N alleged that Daniel Keller engaged in physical and sexual abuse of the children at the day care. Mr. and Mrs. N also alleged that Perry et al. (defendants) witnessed the abuse and did not report it in violation of a Texas statute that required anyone who has reason to believe that a child was being abused to report it. Mr. and Mrs. N brought suit against Perry et al. for negligence per se resulting from their alleged violation of the statute. Perry et al. moved for summary judgment and the motion was granted by the trial court. The court of appeals reversed and remanded the case for trial on the claim of negligence per se. Perry et al. appealed.

Rule of Law

Issue

Holding and Reasoning (Phillips, C.J.)

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