Golden Spread Council, Inc. # 562 of the Boy Scouts of America and Boy Scouts of America, Petitioners v. Veronica…

Summary

The Texas Supreme Court held that the Boy Scouts of America owed no duty to the minor and reversed the appellate judgment as to BSA, while affirming the appellate judgment that the Golden Spread Council owed a duty based on its affirmative recommendation of the scoutmaster. The Court balanced foreseeability, risk, and control factors to impose a duty on the council but not on the national organization. Justice ENOCH concurred in part and dissented in part, rejecting the newly created duty, and Justice CORNYN concurred, urging recognition of the Family Code reporting duty. The opinion also includes two separate opinions addressing these points.