Howd & Ludorf, LLC Wins Summary Judgment in Boy Scout’s Sexual Abuse Case.
Howd & Ludorf, LLC Partner Philip T. Newbury Jr. won summary judgment for the Boy Scouts of America in a decision released on August 16, 2012. Judge Carl J. Schuman of the Connecticut Superior Court granted summary judgment in favor of the Boy Scouts of America and the Connecticut Rivers Council, Inc., in the case of John Roe #1 v. Boy Scouts of America, et al., docket number HHD-CV09-5033135-S. Judge Schuman concluded that the alleged abuser was not acting as the agent, servant or employee of the defendants, and that the defendants did not have notice or knowledge of the alleged abuse until the perpetrator was arrested in 2007. Therefore, Judge Schuman held that the defendants did not owe a duty of care to the minor plaintiff. In entering judgment for the defendants, Judge Schuman specifically rejected the plaintiff’s argument that the brief filed by the Boy Scouts in the case of Boy Scouts of America v. Dale, 530 U.S. 640 (2000), constitutes an admission of control over adult volunteers for purposes of agency and vicarious liability.