D.H. v. Adept Community Services, Inc.

271 So. 3d 870
CourtSupreme Court of Florida
DecidedNovember 1, 2018
DocketSC17-829
StatusPublished
Cited by21 cases

This text of 271 So. 3d 870 (D.H. v. Adept Community Services, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.H. v. Adept Community Services, Inc., 271 So. 3d 870 (Fla. 2018).

Opinions

LABARGA, J.

*874Petitioners D.H. and L.H. ("the Twins"), by and through their maternal grandparents ("the Grandparents"), seek review of the decision of the Second District Court of Appeal in D.H. v. Adept Community Services, Inc. , 217 So.3d 1072 (Fla. 2d DCA 2017).1 The Twins allege Respondents Adept Community Services, Inc. ("Adept"), and B.E.A.R.R., Inc. ("B.E.A.R.R."), negligently failed to protect the Twins from suffering physical, mental, and emotional injuries at the hands of their mother ("the Mother"). 217 So.3d at 1076. The Circuit Court for the Sixth Judicial Circuit in and for Pinellas County held the Twins' claims were barred by the four-year statute of limitations applicable to negligence claims, and granted summary judgment for the Respondents. Id. at 1075. The Twins appealed to the Second District, which affirmed the trial court's ruling. Id. For the reasons explained below, we quash the decision of the Second District and remand for further proceedings.

Facts

Shortly after the Mother was born, she was diagnosed with noncongenital cerebral palsy and seizure disorder. Desiring to live on her own, she moved out of the Grandparents' home when she was twenty years old. The Mother hired Adept and B.E.A.R.R. to provide support services, including helping the Mother to hire a live-in aide to provide around-the-clock assistance.

The Mother became pregnant in late 2004, and in September 2005 she gave birth to the Twins. She had moved back into the Grandparents' home during her pregnancy but was determined to live on her own again after the Twins were born. To facilitate this, the Mother hired Adept and B.E.A.R.R. to provide support services as before. Worried that the Mother would not be able to safely care for and raise the Twins because of her disability, the Grandparents arranged a meeting of the support workers from Adept and B.E.A.R.R. during which the Grandparents discussed their concerns. The parties dispute what transpired at this meeting: The Twins allege that the Grandparents told the support workers, "If anything happens to these little boys, all of you in this room are responsible." The Twins further allege the support workers nodded and promised to "ensure there were eyes looking out for" the Twins. Adept and B.E.A.R.R., however, deny that their employees undertook any such obligation. On October 11, 2005, the Mother and the Twins moved into an apartment together with the live-in aide.

On April 11, 2006, the Mother fired the live-in aide after an argument over the air conditioning in their shared apartment. Later that day, pursuant to an anonymous complaint, a petition to shelter the Twins was filed with the circuit court and the sheriff's office removed them from the Mother's custody. The Twins were taken to the Grandparents' home the next day.

A dependency petition for the Twins was also filed on April 11, 2006, and the statewide Guardian Ad Litem Program ("GALP") was appointed to represent the Twins in the dependency case.2 The Twins *875were adjudicated dependent on May 16, 2006, and placed in the "temporary care, custody, and control" of the Grandparents. 217 So.3d at 1075 (quoting adjudication of dependency). Three days later, the Department of Children and Families completed a comprehensive health assessment for each Twin "noting developmental delays and anxiety problems due to abuse and neglect." Id. at 1076. On March 15, 2007, the Twins were diagnosed with sensory disorder, a condition attributed to their past abuse and neglect. On April 13, 2007, the protective supervision was terminated, the GALP was discharged, and the Grandparents were made the Twins' permanent guardians.

On November 22, 2010, the Grandparents filed a claim as the "next friends and permanent guardians" of the Twins against Adept and B.E.A.R.R. Id. (quoting complaint). The Twins alleged Adept and B.E.A.R.R. had negligently failed to prevent them from being injured by their Mother's maltreatment. Id. B.E.A.R.R. moved for summary judgment,3 contending the Grandparents could have sued on the Twins' behalf at any time after they learned the elements of the Twins' claims had been satisfied, and that the Grandparents learned this no later than May 2006. Id. Therefore, the Respondents argued, the Twins' claims were barred by the applicable four-year statute of limitations. Id. The Twins contended the Grandparents were unaware of any cognizable injury before receiving the Twins' sensory disorder diagnosis on March 15, 2007. The circuit court initially denied the motion, but granted it after Adept and B.E.A.R.R. moved for reconsideration. Id.

The Twins appealed to the Second District, arguing summary judgment was improper because the record did not conclusively establish the date on which the Grandparents knew or should have known of the Twins' injury. Id. at 1077. The Twins also argued the record did not establish whether the statute of limitations was tolled at any point before the Grandparents were appointed the Twins' permanent guardians. Id.

The Second District rejected the "knew or should have known" rule of accrual, concluding it was "an expression of the delayed discovery doctrine." 217 So.3d at 1078. The Second District reasoned that such a rule would be barred by our decision in Davis v. Monahan .4 See

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Bluebook (online)
271 So. 3d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dh-v-adept-community-services-inc-fla-2018.