DAVIS v. DEVEREUX FOUNDATION

Nos. A-54/55 September Term 2010, 066800

37 A.3d 469 (2012)

209 N.J. 269

Vandella DAVIS, as Guardian Ad Litem for Roland Davis, Plaintiff-Appellant and Cross-Respondent, v. DEVEREUX FOUNDATION, Devereux New Jersey Treatment Network, Defendants-Respondents and Cross-Appellants, and Charlene McClain, Defendant.

Supreme Court of New Jersey.

Decided February 29, 2012.


Attorney(s) appearing for the Case

Kyle T. Kievit , Linwood, argued the cause for appellant and cross-respondent.

Jay A. Gebauer argued the cause for respondents and cross-appellants (Post & Schell, attorneys; Mr. Gebauer and Quinn M. McCusker , Princeton, on the briefs).

Gregory G. Gianforcaro , Phillipsburg, submitted a brief on behalf of amici curiae Survivors Network for those Abused by Priests and National Child Protection Training Center.

Robert A. Robinson submitted a brief on behalf of amicus curiae Disability Rights New Jersey.

Catherine Weiss submitted a brief on behalf of amici curiae Community Health Law Project and The Arc of New Jersey ( Lowenstein Sandler , attorneys; Ms. Weiss , Kristin A. Muir , Roseland, and Alyson D. Powell , on the brief).


Justice PATTERSON delivered the opinion of the Court.

This case requires the Court to consider the duty of care owed by a non-profit residential facility to a resident with severe autism and developmental disabilities injured by a criminal act of the facility's employee. On October 9, 2004, Roland Davis (Davis) suffered severe burns after he was scalded with boiling water by Charlene McClain (McClain), a resident counselor

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