Opinion
A22-1736
10-25-2023
Jane Doe v. Special School District No. 6, South St. Paul Public Schools, ABC School District, et al.
ORDER ON PETITION FOR FURTHER REVIEW;
Issues:
(1) Whether the Minnesota legislature intended the statutory definition of “scope of office or employment” contained in the Minnesota State Tort Claims Act, Minn. Stat. § 3.732, subd. 1(3), to be as broad as the common law definition applied to vicarious liability claims against private employers.
(2) Whether a genuine issue of material fact regarding foreseeability for vicarious liability is established by a general acknowledgement of the existence of adult sexual abuse of children.
(3) Whether the existence of “red flags” is sufficient to establish a genuine issue of material fact on the issue of foreseeability absent a determination that the red flags are sufficiently similar to or indicative of sexual abuse.
(4) Whether, for the purpose of establishing a duty for a negligence claim, a school district has a “special relationship” with any minor, volunteer, or person subject to the school district's policies.; Cross-Review Issue: Is the “red flag” analysis first undertaken by the court of appeals in Doe 175 v. Columbia Heights Sch. Dist., 873 N.W.2d 352, 361 (Minn.App. 2016) an unwarranted narrowing of the established standard for tort foreseeability?
Grant/Stay