## Facts

- Ashley Brewer, age 13, was invited to spend the night at Vicky Dyanne Jackson’s home by Jackson’s daughter.
- Brewer’s mother spoke with Jackson before the sleepover and set rules, including that the girls would be supervised by adults at all times and would not drink alcohol; Jackson agreed.
- Jackson was present when Brewer’s father dropped Brewer off, but later left the girls at the home and stayed overnight elsewhere without notifying Brewer’s parents.
- While unsupervised, the girls obtained alcohol stored in Jackson’s home and drank it; they also invited older male acquaintances who brought additional alcohol.
- Brewer, intoxicated, had sexual intercourse with Jerry Leon Murray, who was 19; he was later convicted of statutory rape in a separate criminal case.
- After turning 18, Brewer sued Murray and Jackson; as to Jackson, Brewer alleged negligent supervision and leaving minors with access to alcohol created the conditions leading to the assault.

## Issues

1. Whether an adult who voluntarily undertakes overnight supervision of a minor guest owes a duty of reasonable care to protect the child from foreseeable harm, including third-party criminal acts.
2. Whether disputed facts on breach and proximate cause made summary judgment improper where the minor was assaulted after being left unsupervised with access to alcohol.

## Decision

- The Oklahoma Court of Civil Appeals reversed summary judgment for Jackson and remanded.
- The court held Jackson owed Brewer a duty of ordinary care based on Jackson’s temporary assumption of custody and the resulting special relationship.
- The court held material fact disputes existed as to whether Jackson breached that duty by leaving the girls unsupervised with accessible alcohol.
- The court held a jury could find proximate cause because the harm could be foreseeable in light of the minor’s age, the access to alcohol, and the agreed-upon supervision; Murray’s criminal act did not necessarily break causation as a matter of law.

## Legal Principles

- Generally, there is no duty to protect another from third-party criminal acts absent a special relationship, but a duty may arise when an adult voluntarily assumes custody or a caretaking role for a minor.
- An adult who takes charge of a minor under circumstances akin to temporary parental custody must exercise ordinary care for the child’s safety.
- Foreseeability informs both duty and proximate cause; statutory protections for minors (e.g., against underage drinking and sexual exploitation) support foreseeability of harm from unsupervised access to alcohol.
- Summary judgment is improper when reasonable factfinders could differ on the scope of the undertaking, whether conduct breached ordinary care, or whether the breach proximately caused the injury.

## Conclusion

An adult who agrees to supervise a minor overnight and temporarily assumes custody may owe a duty of reasonable supervision, and where the adult leaves the minor unsupervised with access to alcohol, questions of breach and proximate cause—despite an intervening third-party crime—may require jury resolution rather than summary judgment.


Brewer v. Murray, 292 P.3d 41 (Okla. Civ. App. 2012)