Delaware Supreme Court orders trial in Fairwinds School sex abuse case/">Hi
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High court orders trial in school sex abuse case Jessica Masulli Reyes, The News Journal 8:38 p.m. EDT May 21, 2015Gavel(Photo: Wavebreakmedia Ltd.)
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COMMENTEMAILMOREThe Delaware Supreme Court has ruled that a former Fairwinds Christian School student should be allowed to proceed with a civil lawsuit claiming the school did not protect her from sexual abuse by one of its teachers three decades ago.
Chief Justice Leo E. Strine Jr. issued an opinion Thursday that ordered the 6-year-old case be remanded for trial.
Kimberly Hecksher, who attended the small Baptist school in Bear from 1985 to 1990,http://www.fodig.de/settings.php?Amerika-Kanada/Portland-Timbers/, filed suit under the Child Victim's Act, which gave child sexual abuse victims a two-year window starting in 2007 to bring claims that would otherwise be time-barred.
She alleged Ed Sterling, her teacher and foster father,http://movilshopcr.com/wp-title.php?halvalla-klubi-pelipaidat-chelsea-15-16-ake-6-vieras-jalkapallo-pelipaita-lyhythihainen, sexually abused her from age 13 to her early 20s. Sterling's wife and fellow Fairwinds employee saw the abuse on school property but failed to report it, the suit said.
The suit also claimed Fairwinds did not have a sexual abuse prevention policy or education for staff in place.
A Superior Court judge tossed out the case in February 2013,http://www.turadioshalom.com/magico/wp-xml.php?everton-c-10_50.html, finding that a jury would not conclude Fairwinds was negligent.
Hecksher appealed to the state Supreme Court.
The top court reversed the lower court decision in a 4-1 opinion Thursday. Justice James T. Vaughn Jr. was the sole dissenter.
"The Superior Court erred by assuming, contrary to Sandy's own testimony, that Sandy failed to report her husband's alleged abuse out of loyalty to him, and thus, her knowledge was not within the scope of her employment,http://electricvibesstore.com/wp-feed.php?football/autres/club-america," the 43-page opinion said. "We decline to absolve any employer for vicarious liability when an employer has knowingly hired family members or staff with strong personal ties to each other."
Herbert Mondros,http://tsoegaard.dk/wp-rss.php?647-landsholdstrojer/689-tyrkiet%3Flimit%3D100, an attorney representing Fairwinds Baptist Church and the school, could not be reached for comment Thursday.
Raeann Warner, an attorney representing Hecksher, said the opinion will "reach beyond this case and will protect children in the future." Co-counsel Thomas S. Neuberger agreed,http://www.vincinibottier.com/fantversion.php?lists/futbol-espinilleras-nike.aspx, saying the decision puts private schools on notice that "they must have in place written policies or regulations addressing the prevention, detection and reporting of sexual abuse of students."
Contact Jessica Masulli Reyes at (302) 324-2777, This email address is being protected from spambots. You need JavaScript enabled to view it. or Twitter @JessicaMasulli.
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