SLG Obtains Appellate Reversal In Sexual Abuse Cases
Shah Law Group obtained a significant victory in the New Jersey Superior Court, Appellate Division on behalf of its client, the Union City Board of Education. The Appellate Division reversed a trial court’s order that held the Union City Board of Education vicariously liable for the actions of a former employee, Francisco Realpe, in the consolidated cases of Jessica Garcia v. Union City Board of Education and Jane Doe v. Union City Board of Education.
The Appellate Division found that the trial court erred in granting summary judgment to the plaintiffs on their vicarious liability claims. The ruling clarified that the 2019 amendments to the Tort Claims Act (TCA) do not impose liability on public entities for the intentional criminal acts of employees committed outside the scope of their employment. The court stated, “We conclude the trial court erred in finding defendant liable — notwithstanding N.J.S.A. 59:2-2(a), the TCA’s vicarious liability provision — for Realpe’s sexual assaults committed outside the scope of his employment.”
“We are extremely gratified by the Appellate Division’s clear and definitive ruling on the crucial issue of vicarious liability,” said Todd S. McGarvey of Shah Law Group, who argued the cause for the appellant. “This decision is vital for public entities, as it reaffirms the established legal framework under the Tort Claims Act and ensures that public entities are not held strictly liable for the intentional criminal acts of individuals acting outside the scope of their employment. Our team worked diligently to uphold these foundational legal principles.”
While the Appellate Division ruled in favor of the Board on the vicarious liability aspect, it affirmed that the 2019 amendments to the Child Victims Act (CVA) did expand the statute of limitations for claims under the Law Against Discrimination (LAD), allowing those claims to proceed.
The case was remanded back to the trial court for further action. SLG’s appellate team was led by Partner Todd S. McGarvey.
About Shah Law Group:
Shah Law Group, LLC is a leading law firm dedicated to providing exceptional legal representation to public entities, corporations, and individuals across New Jersey. With deep expertise in civil litigation at the federal and state court levels, the firm is known for its strategic approach, meticulous preparation, and unwavering commitment to achieving favorable outcomes for its clients.
