Michael McClaren and Shannon O’Neill Prevail on Motion to Dismiss in a Child Victims Act Lawsuit

Judge Chimes issued a favorable decision on a school’s motion to dismiss vicarious liability claims and request for punitive damages in a lawsuit brought under the Child Victims Act.  Michael McClaren and Shannon O’Neill successfully argued that allegations of sexual assault are outside the scope of employment rendering the doctrine of respondeat superior inapplicable.  Judge Chimes also granted the school’s motion that punitive damages are not recoverable against public corporations.