J.S. and M.S. v. R.T.H.
New Jersey Supreme Court
714 A.2d 924 (1998)
- Written by Michael Beverly, JD
Facts
R.T.H. (John) (defendant) was criminally convicted of sexually assaulting his neighbors, C.S. and M.S., ages 12 and 15 (girls) (plaintiffs). The girls had gone to John’s barn almost daily and spent a considerable amount of time alone with him riding and caring for his horses. The girls and their parents, J.S. and M.S. (plaintiffs), brought a civil suit against John and added his wife, R.G.H. (Mary) (defendant), as a defendant, claiming that she was negligent in that she knew or should have known about her husband’s “proclivities/propensities.” Mary conceded that she knew or should have known about her husband’s “proclivities/propensities” and moved for summary judgment. The trial court granted Mary summary judgment. The appellate court reversed and remanded to grant the plaintiffs extended discovery. The Supreme Court of New Jersey granted Mary’s petition for certification.
Rule of Law
Issue
Holding and Reasoning (Handler, J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
