Taylor v. TrimbleAnnotate this Case
After his son drowned in a swimming pool owned by defendants, plaintiff filed suit for general negligence and premises liability. The trial court granted summary judgment to defendants. The Court of Appeal exercised its discretion to treat the premature appeal as an appeal from the judgment and addressed the trial court's decision on the merits. The court held, with respect to the negligent supervision claim, that where, as here, the homeowner, having initially assumed responsibility for supervision of the child, turned over such responsibility to an adult close relative who accepted it and did not thereafter relinquish it, the homeowner owed no duty of care to protect the child. In regard to the premises liability claim, the court held that plaintiff failed to raise a triable issue of fact as to causation. Accordingly, the court affirmed the judgment.