Congratulations to Keri Wehrheim for securing an important appellate win for Little Flower Children and Family Services of New York before the Appellate Division, Second Department.
The case was brought under the Child Victims Act by plaintiffs Thomas and Davis, who alleged that while they were foster children in Little Flower’s custody, they were sexually abused in a foster home by the biological son of the foster mother. Plaintiffs alleged, among other things, that Little Flower knew or should have known that the foster home was unsafe, failed to properly supervise them, and failed to report the alleged abuse under Social Services Law § 413.
Little Flower appealed from a Suffolk County Supreme Court order denying its motion for summary judgment. On appeal, the Appellate Division modified the lower court’s order and held that the Supreme Court should have granted Little Flower’s motion as to the negligence claim asserted by Thomas.
The Appellate Division found that Little Flower established, prima facie, that it lacked actual or constructive notice of the foster mother’s son’s propensity for the conduct that allegedly caused Thomas’s injuries. The Court further held that plaintiffs failed to raise a triable issue of fact in opposition. Accordingly, the Court dismissed Thomas’s negligence claim against Little Flower.
Congratulations to Keri on a significant appellate victory, reflecting a focused appellate strategy that separated the two plaintiffs’ records and secured dismissal of Shamel Thomas’s negligence claim in a Child Victims Act case.
