Horace ex rel. Horace v. Braggs
In Horace ex rel. Horace v. Braggs (Ala. 1998) 726 So. 2d 635, the Supreme Court of Alabama found Englund to be directly on point.
In Horace, five-year-old Ashley nearly drowned in a pool during a birthday party. Ashley's father accompanied her to the party.
The court held that "the plaintiffs presented no evidence indicating that the primary duty for supervising Ashley had shifted to the homeowner Braggs at the time of the accident. Mr. Horace Ashley's father expressly permitted Ashley to play in the swimming pool, and he knew that she was doing so... . Moreover, Mr. Horace knew that Braggs was busy attending to her guests and was not watching children in the pool. Indeed, he expressly ordered Ashley's 12-year-old brother to watch her. At no time, did Mr. Horace or Ashley's brother leave the premises. Under these facts, Braggs owed no duty to provide 'adult supervision' for Ashley Horace." (Id. at p. 639.)