Debbie M. Earley Missouri Cases

Debbie Earley, an in-home caregiver, sued her employer, Mary Dunn, for negligence after being sexually assaulted by Dunn's grandson in Dunn's home. Earley argued that the employer-employee relationship created a duty for Dunn to protect her from third-party criminal acts. The circuit court granted summary judgment for Dunn, finding no such duty. The appellate court affirmed, holding that the employer-employee relationship alone does not constitute a special relationship giving rise to a duty to protect against unforeseeable third-party criminal acts, and that prior statements to the contrary were dictum.