Swartz v. Swartz
Missouri Court of Appeals
887 S.W.2d 644 (1994)
- Written by Deanna Curl, JD
Facts
In September 1976, when Judith Swartz (plaintiff) was seven years old, she was legally adopted by James Swartz (defendant). Judith’s mother, Pamela Van Beek (defendant), later married Mr. Swartz in November 1979. In February 1983, James was convicted of sexually abusing Judith and sentenced to prison for 15 years. James and Pamela subsequently divorced in April 1983. In November 1992, Judith filed negligence claims against Mr. Swartz for his abuse, and against Ms. Van Beek for failing to protect her from the abuse. The trial court found that Mr. Swartz and Ms. Van Beek were entitled to parental immunity for Judith’s claims and granted their motions for summary judgment. Judith subsequently appealed the trial court judgment.
Rule of Law
Issue
Holding and Reasoning (Breckenridge, J.)
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