Newsom v. B.B.

Appellees B.B., C.C., E.E., and G.G., obtained a judgment against Harold R. Newsom for negligence and negligence per se based upon Newsom’s failure to warn or protect appellees from acts of sexual assault by Newsom’s adult son, Jason.*fn1 In nine issues, Newsom contends Texas law recognizes no legal duty on the part of a father to warn third parties about the sexual and assaultive history of his adult son, challenges both the availability of a civil remedy for endangering a child and the sufficiency of the evidence supporting the jury’s finding on negligence per se, attacks the amount of damages awarded for future mental anguish, and argues that the trial court erred by failing to disregard damage findings. We reverse that part of the judgment that awards each appellee a judgment against Harold R. Newsom in the amount of $400,000 plus $150,000 in prejudgment interest, and render judgment that appellees take nothing from Harold R. Newsom on their claims for negligence and negligence per se. We affirm the remainder of the judgment, including an award of $2,000,000 plus $750,000 in prejudgment interest to each appellee against Jason Newsom and an award of $181,000 to appellees for fraudulent transfer to avoid creditors, and a take nothing judgment against Cougar Run Ranch I, Inc., Cougar Run Ranch II, Inc., and Hal Newsom’s Airboat Tours, Inc.

The jury found that Harold Newsom’s negligence was a proximate cause of the “occurrence in question” with respect to the four plaintiffs, all of whom were adolescent or pre-adolescent boys that Jason Newsom had sexually abused. The jury also found that the negligence per se of Harold Newsom was a proximate cause of the occurrence in question with respect to the four plaintiffs, the statutory violation at issue being the penal offense of endangering a child. See Tex. Pen. Code Ann. § 22.041(c) (Vernon Supp. 2008). The jury failed to find that the Newsoms engaged in either a joint enterprise or a joint venture and did not reach the contingently-submitted questions regarding Jason’s agency and the plaintiff’s status regarding a joint venture. The jury did find that Jason Newsom committed an assault against and intentionally inflicted severe emotional distress on each plaintiff. The jury apportioned responsibility 80% against Jason Newsom and 20% against Harold Newsom. The jury also found that there had been a fraudulent transfer of property by Jason Newsom. The trial court entered judgment on the jury’s verdict.