Section 14 Gibson Rule

• Library: Prof Liability 2005

In Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997), the plaintiffs alleged that the diocese knew that harm was certain or substantially certain to result from its failure to supervise Father Brewer and thus stated a cause of action that should have been allowed to go to the trier of facts. According to the Supreme Court, the five elements of a Gibson case are as follows:

1. One or more supervisors exist.

2. The supervisor knew that the harm was certain or substantially certain to result.

3. The...