Abused student-athletes represented by Barry Corrado & Grassi; Court denies defense motion to dismiss
A New Jersey Court just ruled that the Union City Board of Education (UCBOE) is “vicariously liable” as the employer of the former Union City teacher-coach who has been convicted of the 2004 serial sexual abuse of student-athletes (in two districts) he openly preyed upon. The plaintiffs, including named plaintiff Jessica Garcia, sued the district in 2019 asserting it could be held liable both directly for its own failures, and vicariously under state law, for the sexual abuse perpetrated by its teacher and coach, Francisco ‘Mike’ Realpe; the case was filed by Barry Corrado & Grassi.
Ruling in the case the N.J. Superior Court ruled that vicarious liability claims based on agency principles were viable under the 2019 amendments to the New Jersey Tort Claims Act and granted affirmative summary judgment in favor of Plaintiffs on their vicarious liability claims. “Since the 2019 amendment to the Tort Claims Act holds employers liable for their employees’ intentional misconduct of a sexual nature outside the scope of employment and there is no genuine dispute of material fact as to this issue, Plaintiff’s motion as to the issue of vicarious liability is granted,” the court ruled.
The Court also denied the school board’s motion to dismiss Plaintiffs’ direct negligence claims, and claims under the New Jersey Law Against Discrimination (LAD), finding that in addition to rampant rumors about Realpe, administrators had actual knowledge of inappropriate relationships and failed to report him. The court concluded that, “David Wilcomes, who was the principal of Plaintiff Garcia’s high school at the time of the incident, cited in a written statement that Defendant Realpe had formed unhealthy relationships with students and did not develop a proper distinction between teacher and student. Defendant Realpe also admitted to being warned by his fellow teachers and his supervisor, Mr. Lupo about his behavior. The Board ignored their suspicions towards Defendant Realpe, did not investigate into Defendant Realpe’s relationships with multiple underage students, and allowed him to remain employed until his termination in 2005. This evidence is sufficient to create a genuine dispute of material fact that must be decided by a jury at trial.”
Attorneys Oliver T. Barry and Erika Lezama hailed the ruling as further validation the life-altering sexual assaults were foreseeable and preventable. They said, “We are pleased that the Court recognized the changed landscape that the 2019 amendments to the New Jersey Tort Claims Act provides with both the plain language and legislative intent of those amendments setting forth that victims should have meaningful rather than illusory remedies.”
Ms. Garcia, pictured (left) in her 2005 yearbook photo, and recently, now 37, declined to file anonymously, as permitted in cases of child abuse, opting to file under her real name. Following the ruling, she said it was difficult to hear the Union City School District falsely argue that she consented to the sexual abuse by her teacher and coach, and that the abuse was not serious enough to have a permanent impact on her. Ms. Garcia added, “I had such a feeling of not just relief, but validation, to read the Court Order, especially seeing, in all capital letters, the word DENIED.”
“The Court’s decision rejecting those arguments, and holding the district responsible for the actions of her abuser, gives hope that bringing this case was the right thing to do, not just for her but for others who have suffered the same trauma,” said her attorneys.
NOTE: Numerous resources are available to assist sexual assault survivors. These include the National Sexual Assault Hotline operated by RAINN (Rape, Abuse & Incest National Network. To speak confidentially to a trained staff member from a local sexual assault service provider call 800.656.HOPE or visit https://hotline.rainn.org/online. In New Jersey, direct assistance is also available at https://www.nj.gov/dcf/women/hotlines/ New Jersey Coalition Against Sexual Assault (NJCASA) Hotline/1 (800) 601-7200
Contacts:
Oliver T. Barry / obarry@capelegal.com / 609-729-1333
Steph Rosenfeld / steph@idadvisors.com / 215-514-4101
