PITTSBURGH – A state court judge has overruled preliminary objections from a retired schoolteacher in Maryland, who denied that she defamed a Pennsylvania private school educator accused of sexually abusing his students.
Kurt Nelson of Pittsburgh initially filed suit in the Allegheny County Court of Common Pleas on Dec. 1 versus Gemma Hoskins of Ocean City, Md. and Sister Cathy Cesnik Fund For Survivors, Inc. of Annapolis, Md.
“In July 2018, an individual named S.G. posted a message to his Facebook page claiming he was sexually abused 7-8 years prior as a student at St. Bernard School, a private school in Mount Lebanon. Plaintiff worked at St. Bernard School during the years 2003 to 2011. In 2015, plaintiff began working at Seton LaSalle Catholic High School, a private school in Pittsburgh. In July 2018, a Facebook message indicating that S.G. claimed plaintiff was the one who abused him was anonymously sent to the Diocese of Pittsburgh. Plaintiff has continuously denied these allegations,” the suit said.
“In July 2018, plaintiff and Seton LaSalle principal Lauren Martin met and concluded that the allegations were false. In October 2018, Allegheny County police detectives informed the plaintiff that he was being investigated for allegations made by S.G. Seton LaSalle, plaintiff’s current place of employment, placed plaintiff on administrative leave until the police concluded their investigation. In November 2018, the Allegheny County detectives investigating plaintiff determined that the case lacked prosecutorial merit. Detectives further stated to plaintiff that there was no evidence he had been involved in any wrongdoing. Detectives also mentioned that they could not foresee any charges filed against plaintiff for the underlying matter. Upon conclusion of the investigation, plaintiff returned to his teaching duties at Seton LaSalle.”
Nelson said that in March 2019, an individual only known by the initials A.Y.G. filed a lawsuit, alleging abuse by a defendant John Doe.
“On Feb. 12, 2021, defendant, acting in her authority and in connection with her position as the Executive Director and board member of the Fund, sent an email to Seton LaSalle administrators, as well as the Roman Catholic Diocese of Pittsburgh personnel, stating that plaintiff was the ‘John Doe’ in the above lawsuit and was unfit to remain in a teaching position with Seton LaSalle,” the suit stated.
“In that same email, defendant stated that, in addition to having contacted Seton LaSalle administrators and the Diocese of Pittsburgh, she intended to inform Pennsylvania Attorney General Josh Shapiro, the Parent Teacher Associations of both St. Bernard School and Seton LaSalle, guidance counselors and several reporters about the false allegations against plaintiff.”
The suit alleged Hoskins has no connection with or ties to the lawsuit filed against John Doe, and is a self-proclaimed “advocate” and “investigator” from Maryland who “dabbles in true crime writing.”
“In February 2021, defendant also attempted to reach Seton LaSalle High School through a Facebook message, in which she threatened to contact reporters and the PTA to inform them of the baseless allegations if the plaintiff was not removed from his position as a teacher. In February 2021, plaintiff was once again placed on administrative leave by Seton LaSalle, where he remains at this time. On June 2, 2021, plaintiff was served and formally informed that he was John Doe. Defendant continues to publish defamatory statements about plaintiff,” the suit said.
“On Sept. 15, 2021, defendant sent an email to Jennifer Antkowiak, Executive Director of Community Relations at the Diocese of Pittsburgh, demanding to know why plaintiff is still listed as faculty on Seton LaSalle’s website. Defendant stated that her goal with her communications is ‘his [plaintiff’s] permanent removal from the school…’ In defendant’s email to Antkowiak, defendant stated, falsely and maliciously, that plaintiff had ‘raped’ S.G. Defendant further stated that ‘the man [plaintiff] is a pedophile.”
According to the lawsuit, the defendant also claimed to be in contact with others, including Father Michael Faix, the chaplain of Seton LaSalle, who was previously unaware of the allegations, to “fill him in” on the plaintiff, and that the defendant admonished Antkowiak for “denying this person [plaintiff] did heinous things to children when they were 10, in classrooms alone with him…”
“Defendant’s actions have caused plaintiff to be placed on indefinite administrative leave from work, even though he has been cleared by law enforcement of any and all wrongdoing. Plaintiff has suffered significant harm to his reputation in his community and school because of these false accusations. Plaintiff has developed anxiety and the continued stress of these lies exacerbates his pre-existing heart condition,” the suit added.
UPDATE
Hoskins’ counsel filed preliminary objections on Jan. 11, countering Nelson’s claims as insufficient, as pled under the law.
“It is obviously not in dispute that at least two of plaintiff Nelson’s former students have, in fact, accused him of sexual abuse while they were minors, that there was a police investigation involving one of them, and that Nelson is likewise implicated in civil litigation relative to that alleged abuse. He admits all of this to this Court in his complaint. All of these facts arose before Hoskins was in any way involved. Notwithstanding, Nelson’s claims against her include in large measure dissemination of those immutable facts,” the objections stated.
“The statements by Hoskins of which Nelson complains are ones in which she repeatedly couched her statements in terms that Nelson is ‘alleged’ or ‘accused’ of wrongdoing. Hoskins never asserted to any recipient that she has independent knowledge of the truth of the allegations against Nelson. She never asserted that the alleged child sexual abuse was confirmed by any law enforcement, child welfare or other authority. Beyond that, Hoskins merely expresses her opinions based on facts that she expressly explains to the reader.”
Hoskins’ counsel made clear that “while the plaintiff [says] that defendant Hoskins made statements about him that are ‘false allegations’ and ‘false claims,’ and infers ‘intent to harm’ against him from the statements themselves, plaintiff does not allege: (a) Any belief by Hoskins that abuse did not actually occur; (b) any ulterior motive by Hoskins; (c) any basis for Hoskins to have actual knowledge that the allegations were not true; (d) any action by Hoskins beyond making the statements; nor (e) that Hoskins acted maliciously or with gross neglect.”
On March 14, Allegheny County Court of Common Pleas Judge John T. McVay Jr. ordered defendant Hoskins’ preliminary objections were overruled.
For counts of defamation per se, tortious interference with existing and prospective contracts, false light and intentional infliction of emotional distress, the plaintiff is seeking statutory, compensatory, punitive and treble damages, plus attorneys’ fees, interest and costs, in a total amount exceeding the arbitration limits of the Court.
The plaintiff is represented by Leah M. Wilson and Ryan D. Very of Very Law, in Pittsburgh.
The defendants are represented by Efrem M. Grail and Brian C. Bevan of The Grail Law Firm in Pittsburgh, plus Michael Dolce of Cohen Milstein Sellers & Toll, in Palm Beach Gardens, Fla.
Allegheny County Court of Common Pleas case GD-21-014507
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com