HOWD & LUDORF, LLC WINS SUMMARY JUDGMENT IN STUDENT SEXUAL ASSAULT CASE
Howd & Ludorf, LLC Partner, Beatrice S. Jordan, recently won summary judgment for the City of New Haven and the New Haven Board of Education in a civil suit filed in the New Haven Judicial District. In Sonya Harris v. City of New Haven et al, Plaintiff’s daughter, a minor high school student, left school grounds on foot with three male fellow students at the end of the school day, rather than getting on the school bus. When she did not return home at her normal time, her mother contacted the school principal, and a search began. By the time she was located, plaintiff’s daughter had been sexually assaulted by the boys with whom she left school. Plaintiff sued on various negligence theories, claiming a failure to supervise the activities by students at the school, failure to protect the minor plaintiff and failure to train employees. Attorney Jordan filed for summary judgment, arguing that all actions by the school were discretionary and protected by governmental immunity. Further, plaintiff was not an identifiable victim at imminent risk of harm, given that harm to her was not apparent to any school employee or official.
The court agreed and entered summary judgment on all counts.