The defendant grandmother, who was the primary caregiver for her severely autistic grandson, moved to strike a negligence claim against her.
The plaintiffs alleged she was negligent in altering her grandson's medication dosage and failing to inform his school before a trip to a public pool, where the grandson injured the plaintiff.
The court applied the Anns/Cooper test and found it was reasonably foreseeable that failing to properly medicate the grandson and inform the school could result in harm to members of the public.
The court dismissed the motion to strike, finding a prima facie duty of care and genuine issues for trial.
