Margolis Edelstein Wins on Summary Judgment In Sex Abuse Suit in Delaware

Philadelphia Partner, Christopher Tinari, Esq. and Delaware Partner, Herbert Mondros, Esq. along with Philadelphia Associate, Michael Miller, Esq. obtained summary judgment dismissing a suit filed in the Superior Court of the State of Delaware in New Castle County by a former student against a religious based school. The Delaware’s Child Victim’s Act allowed sexual abuse survivors to otherwise file time-barred claims within a two year window established by the legislature. The plaintiff, a minor at the time of the alleged sexual abuse, alleged assault and battery, negligence, gross negligence, breach of fiduciary duty and fraud claims in her complaint and demanded compensatory and punitive damages for acts of sexual abuse that allegedly occurred between 1984-1992. After the close of very protracted discovery which included a multitude of depositions and extensive written discovery, our client moved for summary judgment on all counts. To overcome summary judgment, the plaintiff was required to show gross negligence on the part of the school. Even when considering all evidence in a light most favorable to Plaintiff, the Court found our client could not be found liable under the Delaware Child Victim’s Act in hiring and retaining the alleged perpetrator/teacher. Our client was dismissed from the suit in its entirety.