The plaintiff filed her pro se lawsuit on September 4, 2014 and served our client with the complaint on September 8, 2014. Count I of the complaint alleges that our client is liable for the negligent hiring, training and supervision of “Darla L/N/A”. Count II of the complaint alleges that our client is liable under a respondeat superior theory.
On October 6, 2014, Jonathan Nessler filed his appearance on behalf of the plaintiff. On October 8, 2014, we filed our motion to dismiss, which attacks both counts of the complaint as being insufficiently pled. Our motion was set for presentment on November 23, 2014, which was the first date that the court had available. However, the court recently notified us subsequent to our filing the motion that Judge Belz, who was assigned to preside over this case, had recused himself because his daughter is an intern at The Hope School. Consequently, the case has been reassigned to Judge Madonia, who is considered to be a competent and fair jurist.
Our initial motion to dismiss Count I was based on …show more content…
Davies from testifying regarding the alleged occurrence. If so, the only evidence that we are aware of at this time that supports the plaintiff’s claim is Ms. Shockley’s statement that Ms. Davies inserted the broomstick into Allison’s rectum. As stated above, our client reported that Ms. Shockley recanted her report, but Ms. Shockley denies the retraction of her report. Nonetheless, there is no physical evidence that has been produced by this time that supports the specific allegation and, according to our client, the plaintiff expressed significant doubt that Allison would have allowed such abuse to occur due to her strength and aggressive nature. Therefore, based on the information that we have at this time, there are doubts surrounding whether Allison suffered the sexual abuse alleged in the
On October 6, 2014, Jonathan Nessler filed his appearance on behalf of the plaintiff. On October 8, 2014, we filed our motion to dismiss, which attacks both counts of the complaint as being insufficiently pled. Our motion was set for presentment on November 23, 2014, which was the first date that the court had available. However, the court recently notified us subsequent to our filing the motion that Judge Belz, who was assigned to preside over this case, had recused himself because his daughter is an intern at The Hope School. Consequently, the case has been reassigned to Judge Madonia, who is considered to be a competent and fair jurist.
Our initial motion to dismiss Count I was based on …show more content…
Davies from testifying regarding the alleged occurrence. If so, the only evidence that we are aware of at this time that supports the plaintiff’s claim is Ms. Shockley’s statement that Ms. Davies inserted the broomstick into Allison’s rectum. As stated above, our client reported that Ms. Shockley recanted her report, but Ms. Shockley denies the retraction of her report. Nonetheless, there is no physical evidence that has been produced by this time that supports the specific allegation and, according to our client, the plaintiff expressed significant doubt that Allison would have allowed such abuse to occur due to her strength and aggressive nature. Therefore, based on the information that we have at this time, there are doubts surrounding whether Allison suffered the sexual abuse alleged in the