Morohoshi

Plaintiffs Yoshi and Hikaru Morohoshi appeal from the judgment following a special verdict finding defendant Harbor Regional Center was not negligent in the death of plaintiffs' son, Bobby Morohoshi, a developmentally disabled adult. Plaintiffs contend the trial court erred in refusing to allow the jury to find defendant vicariously liable for Bobby's death caused by the negligence of defendant's agent Pacific Home. We agree and modify the judgment accordingly.

This case was previously before us on the Morohoshis' appeal from a summary judgment in favor of defendant Harbor Regional Center (Harbor). [1] In an opinion discussed more fully below we reversed the judgment, holding Harbor owed Bobby a mandatory, nondelegable duty to ensure he received adequate care and treatment at Pacific Home. [2]

Upon remand, the case went to trial against Pacific Home and Harbor on causes of action for negligence and abuse of a dependent adult.

The facts showed Harbor is a nonprofit community agency which, under contract with the state Department of Developmental Services, provides developmentally disabled individuals with access to services and support best suited to their…