Wilson v. Darr

Megan Wilson (plaintiff) and her family were members of Sacred Heart Church of Valley Junction. Wilson also attended the school associated with the church. When Wilson was in middle school, Wilson and her family began family counseling with the church’s associate pastor, Father Kottas (defendant). Although Kottas had a degree in human development, he was not a licensed counselor. Wilson told Kottas that her father had hurt her. Wilson did not tell Kottas that she had been sexually abused by her father. During this time, Wilson also frequently met with the school counselor, Kimberly Darr (defendant). In December 1988, when Wilson was in ninth grade, her father moved out of the home. The following spring, Wilson told Darr that her father had been sexually abusing her until he had moved out of the family home. In January 1989, Wilson and her family, including her father, began meeting with a counselor employed by the Catholic Social Services. In February 1989, Wilson attempted suicide. Wilson then began meeting with a social worker employed by Iowa Methodist Medical Center, Mindy Levine. Levine believed that Wilson showed obvious symptoms of sexual abuse. Wilson then filed a claim against Kottas. Wilson alleged that under Iowa Code § 232.69, Kottas was a mandatory reporter of child abuse and had breached his duty because he should have been aware of the sexual abuse. Kottas filed a motion for summary judgment. In response, Wilson submitted an affidavit in which Levine stated that Wilson had shown obvious signs of sexual abuse. The district court granted summary judgment on the ground that Kottas was not a mandatory reporter. The matter was appealed.