Jordy

Vernon Shawn Jordy (Jordy) was placed in foster care by officials employed by respondent Humboldt County (County). While in the care of the foster family, he was injured. He sued the County and won a large judgment. He appeals from an order granting the County a new trial. The County appeals from the judgment, from the order granting a new trial, and from an order denying its motion for judgment notwithstanding the verdict. The principal issue is whether the jury was properly instructed that the County was under a nondelegable duty to guard the minor from injury while he was in the care of the foster family. We find there was no nondelegable duty, and accordingly approve the trial court’s determination its instruction on the point was error. We affirm the order granting a new trial and denying the motion for judgment notwithstanding the verdict. We dismiss the County’s appeal from the judgment as moot.

I.

Facts

There is no substantial dispute over the facts; in view of our disposition of the case, we limit our summary to those relevant to our discussion. In February 1986, Jordy was 16 years old, a ward of the court in the custody of his parents, and on juvenile…