Personal Injury Law

Church not Liable for Fomer Employee's Sexual Abuse

In Farrell v. Maiello, a young lady sued St. Raphael's Roman Catholic Parish Church, the Roman Catholic Diocese of Rockville Center, and others, claiming negligence in the hiring, retention, and supervision of a former youth group director named Matthew Maiello, who is alleged to have engaged in sexual abuse.

There were several problems with the woman's position. Apparently, Maiello was no longer employed by the Church when the incident puportedly occurred, nor did the alleged conduct transpire on Church property.

Absent a sufficient connection or "nexus" to the Church, and since the Church lacked "continued control," the Suffolk County Supreme Court dismissed the case as against the "church defendants." 

On appeal, the Appellate Division, Second Department, affirmed that outcome. Here's how the AD framed the case's deficiency:

Because Maiello was no longer employed as the youth director at the time he abused the plaintiff Lisa Farrell (hereinafter the plaintiff), and because the abuse occurred in Maiello's apartment, there was no nexus between Maiello's employment and the abuse of the plaintiff, as it was severed by time, place, and the intervening independent acts of Maiello .... The plaintiff failed to raise a triable issue of fact as to the church defendants' continued control or supervision of Maiello .... 

Pax vobiscum.

For a copy of the Appellate Division's decision, please use this link: Farrell v. Maiello

From Real Estate Law Blog posted 2007-03-21.