Krystal G. v. Roman Catholic Diocese of Brooklyn

34 Misc. 3d 531, 933 N.Y.S.2d 515 (2011)

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Krystal G. v. Roman Catholic Diocese of Brooklyn

New York Supreme Court
34 Misc. 3d 531, 933 N.Y.S.2d 515 (2011)

  • Written by Liz Nakamura, JD

Facts

Joseph Agostino (defendant) was the pastor for St. John the Baptist Roman Catholic Church and oversaw the church’s daily operations. Agostino also supervised Augusto Cortez, the assistant pastor. The church operated St. John the Baptist School, which Krystal G. (plaintiff), a 12-year-old girl, attended. Agostino placed Cortez at the school over the school administrator’s objections. School administrators repeatedly reported to Agostino that Cortez was inappropriate with the schoolchildren. Cortez sexually molested Krystal while she was at school. Krystal, through her parents, Vivian and Juan G. (plaintiffs), sued Agostino in the Kings County branch of the New York Supreme Court, arguing that Agostino’s negligent retention and supervision of Cortez caused Krystal’s injury. Agostino moved to dismiss, arguing that (1) he could not be held liable because he was not Cortez’s employer; and (2) any negligence liability attributable to Agostino was automatically imputed to the church as Agostino’s employer under the doctrine of respondeat superior.

Rule of Law

Issue

Holding and Reasoning (Rothenberg, J.)

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