Weisbrod-Moore v. Cayuga County

Summary

The Court of Appeals held that a municipality owes a common-law duty of care to a foster child over whom it has assumed legal custody, including a duty to use reasonable care in selecting and supervising the child's foster placement against foreseeable risks of harm. The Court concluded that the child was not required to plead one of the three recognized special-duty categories and that governmental-function immunity could not be resolved on a motion to dismiss because it is an affirmative defense requiring proof by the municipality. The order dismissing the complaint was reversed and the motion to dismiss was denied.