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06-1073 - Romero v. Study Group, Inc. et al


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06-1073 - Romero v. Study Group, Inc. et al
July 16, 2008
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SUMMARY ORDER - Defendants' motions for summary judgment insofar as they seek dismissal of the independent negligence claims against them. Court adopts it and finds as a matter of law that the Bacques' violation fo 265.05 and 265.10 is only evidence of their negligence. Court finds as a matter of law that Seton was not the agent of the Study Group defendants. Therefore the Bacques, having been appointed as a host family by Seton, cannot be considered Study Group's sub-agents. Court finds as a matter of law that the Bacque defendants are not entitled to indemnification or defense from Seton, as the Bacques have presented no basis for a finding that Seton owes them such a duty. The remaining motions are denied in light of disputed facts which must be resolved by a jury. Signed by Judge Gary L. Sharpe on 7/16/2008. (jel, )