MEDIA – A state court judge has overruled William Penn School District’s preliminary objections which cited governmental immunity as an argument for why multiple claims should be dismissed from a lawsuit filed by a Philadelphia woman, who was allegedly sexually abused by a security guard as a young student in the district.
Jane Doe A.E. of Philadelphia first filed suit in the Delaware County Court of Common Pleas on June 10 versus William Penn School District and Today’s Child Learning Centers, Inc. (doing business as “Today’s Child Learning Centers” and/or “Colwyn School”) of Lansdowne and L’Toray Hill, of Sharon Hill.
“At all times material hereto, Jane Doe A.E. was a student in the care, custody and control of defendant, WPSD. From approximately 2007 to 2012, Jane Doe A.E. was a student within WPSD enrolled at Walnut Street Elementary School. During this same time period, defendant WPSD employed adult defendant Hill as a school security guard who was responsible for keeping the children safe. Hill, in his position as school security guard, befriended female elementary school students, including Jane Doe A.E.,” the suit said.
“Hill groomed Jane Doe A.E. for years as an employee for WPSD, by buying her lunch, taking her out of class to his office, calling her his ‘wife’ and ‘girlfriend’ and providing her with inappropriate attention during school hours. Hill had a reputation for grooming young girls enrolled in the WPSD. Hill’s history and reputation with young girls was known or should have been known to defendants. Hill’s grooming of Jane Doe A.E. continued through her enrolment as a WPSD student at both Penn Wood Middle School, and Penn Wood High School.”
The suit added that Hill would meet Jane Doe A.E. at her bus stop and provide her special access to WPSD buildings during cold mornings while waiting for the bus. Furthermore, during these occasions Hill would kiss Jane Doe A.E. on the lips.
“Defendant WPSD knew of and/or should have known of Hill’s propensity to engage in inappropriate sexual contact with minor students. At this same time Hill worked for defendant Colwyn School as an employee. As a part of his grooming of Jane Doe A.E., Hill got her an ‘unofficial’ job there,” the suit stated.
“In the summer of 2017, while employed by Colwyn School and WPSD, Hill was sexual abusing minor child Jane Doe A.E. by engaging in indecent contact and intercourse via compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. Hill sexually abused Jane Doe A.E. on field trips sponsored by defendant Colwyn School. The sexual abuse via compulsion continued on numerous occasions through November of 2018 while Hill was working for Colwyn School and WPSD.”
Hill continued to sexually abuse Jane Doe A.E. through November 2018, the suit said, and further, that defendants WPSD and Today’s Child Learning Centers, Inc., doing business as “Today’s Child Learning Centers” and/or Colwyn School knew or should have known that Hill was using his position as a security guard to sexually abuse minors, including Jane Doe A.E.
“In 2020, Hill was arrested and charged with various offenses…for his sexual abuse of Jane Doe A.E. at both WPSD and Today’s Child Learning Centers, Inc., doing business as ‘Today’s Child Learning Centers’ and/or ‘Colwyn School’,” per the suit.
“The contacts described were inappropriate and sexual in nature and the grooming done by Hill took place over years, was conducted in public and could have been discovered upon reasonable investigation.”
The suit said the minor plaintiff has suffered embarrassment, post-traumatic stress disorder, humiliation, loss of dignity, depression, anxiety, fear, emotional distress and mental anguish, loss of enjoyment of life and life’s pleasures, loss of earnings, medical expenses and such other injuries, damages and losses.
William Penn School District filed preliminary objections in the matter on July 21.
“Plaintiff brings three common law causes of action. All must be dismissed, in addition to plaintiff’s request for punitive damages, which is precluded by immunity [under the Political Subdivision Tort Claims Act],” according to the objections.
“Here, plaintiff failed to plead that the alleged negligence of moving defendant actually caused the injury. It is not enough to plead simple negligence. Plaintiff’s complaint is devoid of any facts that would establish cause. Rather, the complaint is laden with retrospective alleged failures on the part of moving defendant, or on a basis of vicarious liability. The Tort Claims Act is to be construed strictly, and plaintiff’s claim that, by simply employing Hill, moving defendant is liable, is insufficient to pass muster. Accordingly, Count II must be dismissed.”
In regards to the negligent hiring, negligent retention and punitive damages claims, the defendant says those must also be dismissed with prejudice.
“Numerous cases have found that negligent hiring, supervision, or retention claims are barred by, and do not fall within any of the enumerated exceptions to, governmental immunity in the Tort Claims Act. Accordingly, plaintiff’s negligent hiring and negligent retention claims must be dismissed with prejudice as it is precluded by immunity. The law is clear that punitive damages may not stand against a municipality or its employees in their official capacity, and moving defendant asks that this prayer for damages be stricken,” the objections stated.
UPDATE
Delaware County Court of Common Pleas Judge John J. Whelan overruled the District’s preliminary objections on Dec. 10, and officially issued the order on Dec. 20.
“Defendant’s objections as to lack of proper verification are overruled as moot in view of the substituted verification filed by plaintiff. The remainder of defendant’s preliminary objection are overruled. Defendant will file its answer and new matter to plaintiff’s complaint within 20 days of notice of this order,” Whelan said.
For multiple counts of negligence, negligent supervision and negligent retention, the plaintiff is seeking, jointly and severally, damages in excess of $50,000, plus interest, costs, attorney’s fees, and any other relief deemed appropriate by the Court, including punitive damages, to punish said defendants and to act as a deterrent to others similarly situated and who might commit similar acts in the future.
The plaintiff is represented by Joseph L. Messa Jr. and Brett Furber of Messa & Associates, in Philadelphia.
The defendants are represented by Joseph J. Santarone Jr. of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-005156
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com