The State of New York’s Appellate Division, Second Department has granted in part the appeal of a select volleyball program, which sought to dismiss a negligence lawsuit brought by a plaintiff, who claimed that one of the program’s coaches sexually abused her at away tournaments.
Plaintiff Sarah Mulligan commenced the lawsuit against Long Island Fury Volleyball Club (Club), alleging that the Club was liable for negligent supervision and breach of fiduciary duty.
The Club moved to dismiss the action, arguing that the plaintiff failed to state a cause of action because she was never released from the care and custody of her parents during volleyball tournaments and it did not, therefore, breach a duty to supervise the plaintiff.
The trial court sided with the plaintiff, leading to the appeal.
In recounting the argument, the appeals court noted that “her parents attended the games during the day, (while their daughter) stayed overnight in a hotel room with the other Club players, under the supervision of the Club coaches, and that it was at the hotel that the abuse occurred (see Beninati v City of Troy, 163 AD3d 1241, 1242; Duffy v Long Beach City Sch. Dist., 134 AD3d 761, 763; cf. “John Doe 1” v Board of Educ. of Greenport Union Free Sch. Dist., 100 AD3d 703, 705; Shelia C. v Povich, 11 AD3d 120, 128-129).
“The plaintiff contended, with respect to at least one tournament, that her parents stayed at a different hotel. Accordingly, we agree with the Supreme Court’s determination to deny that branch of the Club’s motion which was to dismiss so much of the first cause of action as, in effect, alleged negligent supervision.
“However, the Supreme Court should have granted that branch of the Club’s motion which was to dismiss so much of the first cause of action as, in effect, alleged breach of fiduciary duty, as the plaintiff failed to allege facts from which the existence of a fiduciary relationship between her and the Club could be inferred (see Doe v Holy See [State of Vatican City], 17 AD3d 793, 795-796).”
Mulligan v. Long Island Fury Volleyball Club et al.; N.Y.S. Appellate Division, Second Department; 2018-06009 (Index No. 622207/17); 12/24/19
