Special Litigation Counsel Joseph Sauer prevailed on two separate CVA cases filed against a school district chartered by the state to provide educational services to a residential treatment center run by a separate nonprofit organization.
In each case, Joe filed a motion for summary judgment, arguing that the school district was not liable for incidents the plaintiffs claimed occurred at the residential facility by employees of the residential facility in 1978 and 1982 when they were in their early teens. Joe argued that the school district leased space on the treatment center’s campus and had no duty to supervise or protect students once they left school grounds and returned to the residential facility. Likewise, Joe established that the school did not provide staffing for the residential facility and was not responsible for negligent hiring and retention of non-school employees.
The Westchester County Supreme Court agreed and dismissed both cases against the school district. The case is still pending against the nonprofit.