A woman’s claims that her former school should be liable for sexual abuse she suffered at the hands of her former adopted father, who had also been her teacher, could be headed for trial, after the state Supreme Court overturned a prior decision dismissing the case.
The high court ruled May 21 in an en banc opinion to remand Hecksher v. Fairwinds Baptist Church after the state Superior Court tossed the case on summary judgment. Although the lower court had found there was no fact at issue that could allow a jury to find the school was grossly negligent, the majority said “red flags” about the teacher’s behavior, the school’s apparent lack of internal reporting policies, and allegations that the abuser’s wife, who also worked at the school, was aware of the abuse, were sufficient evidence for the case to proceed to trial.
