Wells v. Endicott

Three-year-old boy was severely beaten by his mother's paramour, and died from head and brain injuries. Boy's natural father sued paramour's parents, alleging that they negligently failed to protect the minor child after voluntarily allowing him to live with child's mother in their home. Mother did not entrust care of child to paramour's parents, and child was in custody of his mother at time of beating, who was responsible for child's care and safety. Thus, paramour's parents were not in special relationship with minor, and did not voluntarily undertake any additional duty to child beyond allowing him to live in their home. (SPOMER and GOLDENHERSH, concurring.)