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Lourim v. Swensen
Oregon Supreme Court
977 P.2d 1157 (1999)
- Written by Sean Carroll, JD
Facts
Daniel Lourim (plaintiff) brought a negligence suit against the Boy Scouts of America (defendant), alleging that Lourim’s Boy Scout troop leader, John Swensen, (defendant), sexually assaulted him. Lourim alleged that Swensen cultivated a close relationship with Lourim and his family as part of his duties as Boy Scout troop leader prior to the assault. The district court granted the Boy Scouts’ motion to dismiss. The court of appeals affirmed and found that Lourim failed to state a claim under the doctrine of respondeat superior because Swensen was not acting within the scope of his employment when he sexually assaulted Lourim. Lourim appealed.
Rule of Law
Issue
Holding and Reasoning (Gillette, J.)
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