Belluck & Fox Wins Fourth Department Appeal in a Sexual Abuse Case Against Minors
For Immediate Release: Thursday, October 10, 2024
Contact: Maja Belamaric; [email protected]
New York – Belluck & Fox LLP, a nationally recognized personal injury law firm, today announced that the Supreme Court of New York’s Appellate Division, Fourth Department issued a recent decision in favor of their minor clients who were sexually assaulted on their school bus by an older classmate over a period of two years.
The decision, Porschia C., et al. v. Sodus Central School District, et al., CA 24-0054 (N.Y. App. Div., 4th Dept., Oct. 4, 2024), lays the groundwork to ensure safer conditions for all young students at schools across the state.
“This decision ensures that our clients will see their day in court for the heinous acts perpetrated against them,” said Belluck & Fox managing partner Joseph Belluck. “It more broadly reaffirms that schools must take affirmative steps to protect children in their care, who are often too young or otherwise unable to report sexual abuse.”
Belluck & Fox commenced the action in Wayne County, New York on behalf of their minor clients against Defendants associated with the Sodus Central School District, alleging that their clients suffered repeated abuses at the hands of an older classmate on the school bus. Defendants sought summary judgment, claiming they had no notice of the abuser’s prior propensities, and the trial court granted the motion dismissing the case. Belluck & Fox, led by appellate attorney Michael Macrides, appealed the decision.
In reversing the dismissal and reinstating the complaint, the Appellate Division concluded that the Sodus Central School District Defendants failed to establish, as was their initial burden on the summary judgment motion, that they had no prior notice of the abuser’s propensities to commit all of the types of sexual misconduct alleged in the complaint.
Belluck & Fox, who vigorously litigates sexual assault cases on behalf of victims, will continue to pursue justice for their clients in this case.
Attorneys at Belluck & Fox are admitted to practice in New York, New Jersey, Pennsylvania, California, Colorado, Florida, Maine, Massachusetts, Vermont, Washington, the District of Columbia, and several federal jurisdictions, including the United States Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts, Atlantic City, New Jersey, and Portland, Maine.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Maine, Massachusetts, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
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