Partner Kevin Maguire Obtained Summary Judgment On Behalf Of BMM Client in a Sensitive Case.

Partner Kevin Maguire obtained summary judgment on behalf of the firm’s client, a school district, in a very sensitive case involving the rape of an eleven-year-old girl. The girl became pregnant by her mother’s boyfriend, who ultimately pleaded guilty and was sentenced to jail. The plaintiff’s birth father sued on her behalf and claimed that the school district was negligent in failing to observe the physical changes and report suspected abuse to the State Central Register as required of mandated reporters under the Social Services Law. 

Kevin worked with the client to obtain affidavits and used deposition testimony to establish our entitlement to summary judgment – that the school had no reason to believe that the child was being abused at home or was pregnant. 

Kevin argued that the teachers and administrative staff had regular interactions with the child who claimed the weight gain was the result of her eating too much and that she was very happy at home. Neither her mother nor her birth father ever suspected she was pregnant or being abused. The Court granted summary judgment in favor of the firm’s client.