 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hobbs v. Boy Scouts of America Incorporated11/16/2004
Opinion Vote: AFFIRMED.
Breckenridge and Howard, JJ., concur.
Opinion:
Lance Hobbs appeals the summary judgment granted by the trial court in his action against the Boy Scouts, the Heart of America Council, and a national officer of the Boy Scouts. The trial court determined that there was no genuine issue of material fact and that the defendants were entitled to judgment as a matter of law. Because there was no dispute as to the basic underlying facts, and because Hobbs failed to articulate a viable theory of liability against any of the defendants, we affirm the judgment.
Background
Lance Hobbs, a former participant in the Boy Scouts, was sexually molested by Earl Fleer, an assistant scoutmaster, in 1989. Hobbs was eleven years old at the time. Fleer also molested several other boys in separate incidents in 1989 and 1990. In 1990, the molestations were discovered. Fleer pleaded guilty to the molestations of Hobbs and others and was sentenced to prison.
Hobbs later brought an action against the Boy Scouts of America, the Heart of America Council of the Boy Scouts, and Jere Ratcliff, an officer of the Boy Scouts of America. Plaintiff did not sue the local troop officers or the chartering and sponsoring organization of the local troop with which he was associated. Hobbs alleged that Fleer was assistant scoutmaster with Troop 52 in Kansas City. In his pleadings and in pre-trial discovery, Hobbs alleged that Fleer picked him up on October 27, 1989, to take him to a weekend campout. Instead of proceeding to the campout location, Fleer took Hobbs to a restaurant, then to Fleer's apartment (where the abuse took place), then to the house of a friend of Fleer's, then to Worlds of Fun, then back to the friend's house, then again to a restaurant, then finally, approximately 24 hours after first picking him up, to the scouting campout, where Hobbs participated in the remainder of the scouting event.
Count I of Hobbs' petition alleged that his damages were caused by a failure to warn or educate Hobbs about the risk of molestation by scout leaders. Count II alleged that the "scouting program" was a "product" under the product liability laws and sought recovery under a theory of strict liability for defective product. Count III, also a product liability claim, sought recovery under the theory of strict liability for failure to warn of an unreasonable risk. Following substantial discovery, and after the deadline for disclosure of expert witnesses, Defendants moved for summary judgment on the ground that there was no dispute of material fact, and that Defendants were entitled to judgment as a matter of law. The court granted Defendant's motion for summary judgment. Plaintiff Hobbs appeals.
At the outset, it should be noted that Plaintiff does not claim that Fleer was an agent of any of the defendants. Plaintiff did not seek recovery on a theory of "respondeat superior" liability. Plaintiff does not claim that Defendants had any control over the activities of Fleer. Plaintiff also does not claim that defendants had knowledge that Fleer was a pedophile. Nor does he claim that Defendants were negligent in approving the application of Fleer to become a scout leader. Plaintiff's claim, in essence, is that the Boy Scout program attracts pedophiles; that Earl Fleer was attracted to scouting and to Hobbs because Fleer was a pedophile; and that Defendants were at fault because they knew of the unreasonable risk of children being abused by pedophiles and did not warn Plaintiff Hobbs about pedophiles or educate Plaintiff Hobbs about improper scout leader behavior and what to do about it. Plaintiff's claims include the allegations that
Page 1 2 3 4 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|