PITTSBURGH – An educator who was allegedly sexually assaulted by one of her students and argued that the student’s former school did not advise her of his capacity for committing acts of violence and assault, has dropped her case for now.
J.L.A. and J.W., her husband, first filed suit in the Allegheny County Court of Common Pleas on Feb. 1 versus Adelphoi and Adelphoi Education, Inc. of Latrobe.
“SRR is a minor child with a date of birth of June 18, 2007. SRR is referred to by his initials throughout this complaint to maintain confidentiality because he is a minor. For most of his life, SRR has been a dependent foster child. From October 2020 through June 2022, SRR was a student at Adelphoi Hartford Heights. While SRR was a student at Adelphoi Hartford Heights, SRR physically assaulted a female staff member. It is believed and therefore averred that this incident took place in February 2022. During the incident, SRR slammed the staff member against the wall and tried to take her clothes off. SRR also broke a plastic cup over the female staff member’s head,” the suit said.
“It is believed and therefore averred that in September 2022, SRR was housed at a residence facility owned and operated by Adelphoi. It is believed and therefore averred that in September 2022, Adelphoi had care, custody and supervision of SRR. In September 2022, SRR transferred from Adelphoi Hartford Heights to Oliver Citywide Academy, a special education center within the Pittsburgh Public School District and located at 2323 Brighton Road, Pittsburgh, Allegheny County, Pennsylvania. On and before Sept. 23, 2022, plaintiff J.L.A., was a Learning Support/Emotional Support Teacher at Oliver. On Sept. 23, 2022 at approximately 10 a.m., an enrollment meeting was held by virtual means to discuss SRR’s enrollment at Oliver.”
The suit continued that J.L.A. and a representative from the Adelphoi defendants attended the enrollment meeting on Sept. 23, 2022, but at no time during the virtual enrollment meeting did the representative “advise, discuss and/or describe the February 2022 incident wherein SRR physically assaulted and attempted to remove the clothing of a staff member.”
“Adelphoi and/or Adelphoi Education had a duty to advise Oliver and/or staff at Oliver, including plaintiff J.L.A. that SRR had previously physically assaulted and attempted to remove the clothing of a staff member at Adelphoi Hartford Heights. If Adelphoi and/or Adelphoi Education had advised Oliver and/or staff at Oliver, including plaintiff J.L.A., of the prior assault, Oliver would have taken steps to minimize and/or prevent any further assaults by SRR on Oliver staff and/or students. It is believed and therefore averred that Oliver may have declined to enroll SRR at Oliver if Adelphoi and/or Adelphoi Education had advised Oliver and/or staff at Oliver of the prior assault. It is believed and therefore averred that Adelphoi and/or Adelphoi Education intentionally withheld information of the prior assault in order to avoid Oliver declining to enroll SRR at Oliver,” the suit stated.
“From Sept. 27-29, 2022, SRR attended Oliver for the first time and was placed in J.L.A.’s classroom. On Sept. 29, 2022, at approximately 9 a.m., SRR verbally, physically and sexually assaulted J.L.A. in a classroom at Oliver. During the assault, SRR threatened to kill J.L.A. SRR is approximately 6’3” and 250 pounds. J.L.A. suffered physical and emotional injuries as a direct and proximate result of the assault.”
In a lengthy answer with new matter filed on March 13, the defendants rejected the plaintiffs’ description of the subject events.
“The Adelphoi defendants expressly deny the assertion that SRR physically assaulted an Adelphoi female staff member at Adelphoi Hartford Heights and such allegation is denied wherever it may appear. It is denied that SRR was a resident of Adelphoi prior to the Sept. 29, 2022 alleged incident stated to involve SRR and J.L.A. as described in plaintiffs’ complaint. Such allegation is denied wherever it may appear,” the answer stated, in part.
“Adelphoi denies that SRR was under its residential care, custody and supervision in September 2022 prior to the alleged to Sept. 29, 2022 incident. To the contrary, SRR did not reside at any Adelphoi facility during said pre-incident time frame as alleged and he last attended Adelphoi Hartford Heights through May 2022 when the said school year concluded. The Adelphoi defendants deny that SRR ‘transferred’ from Adelphoi Hartford Heights to Oliver Academy in September 2022. Rather, SRR had last attended Adelphoi Hartford Heights through May 2022 when the school year concluded.”
Strictly speaking, the Adelphoi defendants denied that they withheld information of a prior assault of an Adelphoi staff person for the reason that no such assault ever took place, calling such an allegation “a material misstatement.”
“Plaintiffs’ complaint fails to state a cause of action upon which relief may be granted. The Adelphoi defendants deny that they owed duties of the type alleged by plaintiffs in regard to the alleged events at issue. The Adelphoi defendants deny that they breached any duty that they allegedly owed to the plaintiffs or any other individual or entity herein. The Adelphoi defendants deny that they were in any manner the legal proximate cause of any incident at issue and/or any injuries and damages of which plaintiffs complain. The Adelphoi defendants set forth any and all immunities available to them including any immunities afforded to them, including but not limited to immunities afforded by the Political Subdivision Tort Claims Act, to the extent determined to be applicable,” the new matter stated.
“The Adelphoi defendants set forth any and all nonprofit association limitations of liability including, but not limited to, those protections afforded by 15 Pa.C.S.A. Section 9117. The Adelphoi defendants set forth the applicable provisions of the Health Insurance Portable Accountability Act (HIPAA) limiting disclosure of protected information to third parties, and associated regulations codified at 45 C.F.R. Sections 164.500-164.534, in defense of plaintiffs’ claims. The Adelphoi defendants set forth to the extent applicable, provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), in defense of plaintiffs’ claims. The Adelphoi defendants set forth to the extent applicable, provisions of the Mental Health Procedures Act (MHPA), 50 P.S. Sections 7101 et seq., including but not limited to Section 7111, in defense of plaintiffs’ claims. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, the Adelphoi defendants aver that any medical or dental expenses not precluded from the evidence at trial, must be reduced in accordance with Moorhead v. Crozer Chester Medical Center.”
On March 31, the plaintiffs replied to the defendants’ new matter with a blanket denial.
UPDATE
Two months later, on May 31, the parties filed a stipulation of dismissal without prejudice, allowing for the plaintiffs to drop their suit for the time being (and potentially, refile it in the future.)
“The parties, by and through their counsel, stipulate and agree to the voluntary dismissal of this action without prejudice as to defendants Adelphoi and Adelphoi Education, Inc. The parties agree that this stipulation is entered into by plaintiff based upon the affidavit of non-involvement that has been provided by Adelphoi and Adelphoi Education, Inc., in this matter and the submission of the affidavit of non-involvement by Adelphoi shall having the effect of tolling the statute of limitations as to the Adelphoi defendants, with respect to the claim at issue as of the date of the filing of the original complaint herein,” the stipulation said, in part.
“The parties hereto stipulate that this voluntary dismissal without prejudice is not a waiver of any claim that plaintiffs may file against any presently unidentified defendant.”
For two counts of negligence, the plaintiffs are seeking damages in excess of the jurisdictional arbitration limits, plus interest and costs.
The plaintiffs are represented by Joshua P. Geist of Goodrich & Geist and Gary L. Ciao of Ciao Torisky & O’Connor, both in Pittsburgh.
The defendants are represented by George N. Stewart of Zimmer Kunz, in Greensburg.
Allegheny County Court of Common Pleas case GD-23-001592
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com