Dave Emmons v. Town of Hinesburg, et al.

Summary

The Vermont Superior Court considered Champlain Valley Union School District's motion to dismiss claims arising from allegations that a former school employee sexually abused the plaintiff. The court denied dismissal of the negligence/gross-negligence claim under 12 V.S.A. § 522 and the intentional infliction of emotional distress claim, but dismissed the breach-of-fiduciary-duty claim. The court ordered the school district to answer within 21 days.

Holdings

1. Count I adequately stated a claim for gross negligence and could not be dismissed at the pleading stage because the allegation that a CVU counselor ignored Emmons's report of abuse could, if proven, support a finding of gross negligence.
2. Count II failed to state a claim because Vermont schools owe students a duty of ordinary care, not a fiduciary duty.
3. Count III adequately stated a claim for intentional infliction of emotional distress because the allegations could support each element, including intentional or reckless disregard of the probability of causing emotional distress.

Questions Presented

1. Whether the complaint stated a gross-negligence claim under 12 V.S.A. § 522(d) based on the allegation that a CVU counselor ignored Emmons's report of abuse.
2. Whether Vermont law permits a student to assert a breach-of-fiduciary-duty claim against a school district when the school district owes the student a duty of ordinary care.
3. Whether the allegations that CVU ignored Emmons's report of abuse stated a claim for intentional infliction of emotional distress.

Disposition

other