Marquay v. Eno

662 A.2d 272 (1995)

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Nature of the Case

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Facts

Each plaintiff alleges that she was exploited, harassed, assaulted, and sexually abused by one or more employees of the school district. Burns alleged sexual abused by Brian Erskine, a high school teacher, beginning in her sophomore year and continuing beyond graduation. Snyder was sexually abused by Michael Eno, a sports coach, and teacher, beginning in the seventh grade and continuing beyond graduation; and Marquay was sexually abused by Eno beginning in the seventh grade and by Brian Adams, also a teacher, beginning in high school. Ps allege that a host of school employees, including other teachers, coaches, superintendents, principals, and secretaries either were aware or should have been aware of the sexual abuse. None of the complaints alleges where any of the sexual abuse occurred, or whether it occurred during school hours. Ps sought damages against the 'abusing employees,' the 'non-abusing employees,' the school district and the school administrative units on a variety of State and federal theories. State claims against the non-abusing employees, who knew or should have known of the abuse, and against the school district and school administrative units are based on negligence; violation of RSA 169-C:29 (1990), the child abuse reporting statute. A number of question were certified to the Supreme Court of New Hampshire.