Marquay v. Eno
New Hampshire Supreme Court
662 A.2d 272 (1995)
- Written by Jamie Milne, JD
Facts
Yvonne Marquay and two others (the students) (plaintiffs) were students in the Mascoma Valley Regional School District (the district) (defendant). Each student sued the district and various teachers and administrators (defendants) in federal district court, alleging that she was sexually assaulted by one or more district employees, including coach Michael Eno (defendant). The students alleged that the parties negligently failed to protect students that they knew or should have known were being abused. In support of their negligence argument, the students pointed to a New Hampshire criminal statute (the reporting statute) requiring any person having a reason to suspect child abuse to report that suspicion to the state. The students argued that the statute established a duty of care and the district and its employees breached that duty by failing to report suspected abuse. The federal district court certified questions to the New Hampshire Supreme Court, seeking clarification regarding the state’s negligence laws.
Rule of Law
Issue
Holding and Reasoning (Horton, J.)
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