Tom Paradise (Hollywood, FL) (Governmental Law) obtained a Summary Judgment ruling in favor of the Defendant in a case involving the alleged sexual abuse over a two year period of a minor female student by her school coach. The student brought a lawsuit alleging negligent hiring, negligent retention, negligent supervision and negligent infliction of emotional distress. The student’s mother made a corresponding claim for loss of filial consortium. Upon deposing the Plaintiff, defense counsel confirmed that the alleged abuse had ended over four years prior to the Plaintiff bringing the lawsuit. As such, defense counsel argued that because the Plaintiff had brought the lawsuit when the four-year statute of limitation had already expired, Summary Judgment was proper as to all claims related to the alleged abuse. In response thereto, the Plaintiffs argued that while the sexual contact had ended over four years before the Complaint was filed, under the continuing torts doctrine the ‘improper relationship’ (which was not limited to the sexual contact) continued beyond the final sexual encounter. Plaintiffs also attempted to argue that based upon their negligent retention claim, and the fact that the coach was not terminated until a year after the relationship had been known, that the statute of limitations had not run at the time of the filing of the lawsuit.
Prior to the Court’s ruling on the Defendant’s Motion for Summary Judgment, Plaintiffs demanded $1,000,000.00 to settle the instant claim. The Court thereafter granted the Defendant’s Motion for Final Summary Judgment as to all claims. The Plaintiffs have since filed an Appeal which is currently pending before the Fourth District Court of Appeal.