Tara N.P. v. Western Suffolk Board of Cooperative Educational Services

by
Plaintiff was sexually assaulted by a worker at a facility owned by Suffolk County where Plaintiff took adult education classes. The worker, Larry Smith, had been referred for a potential possession with the lessee of the facility through the County’s “welfare to work” program. Plaintiff brought this action against the County, Smith, and others to recover damages for personal injuries. The County moved for summary judgment on the grounds that it did not owe Plaintiff a duty of care and, in any event, was entitled to absolute governmental immunity for discretionary acts. Supreme Court denied the County’s motion. The Appellate Division reversed and granted summary judgment for the County on the ground of governmental immunity. The Court of Appeals affirmed, holding that summary judgment was properly granted to the County because the County’s referral of Smith was within the County’s governmental capacity and the County did not assume a special duty to Plaintiff. View "Tara N.P. v. Western Suffolk Board of Cooperative Educational Services" on Justia Law