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Doe Parents No. 1 v. State11/27/2002
arents to have their daughters cooperate in prosecuting Norton so that he would be disabled from molesting other children. In May 1997, the criminal proceeding arising out of Melony's and Nicole's accusations went to trial, but resulted in a mistrial because the jury could not reach a verdict; both families were informed that the jury's final vote had been eleven in favor of conviction and one for acquittal. Norton was retried in December 1997; the jury acquitted him.
B. Procedural Background
On November 29, 1996, while the criminal proceeding in connection with Melony's and Nicole's allegations was pending, the girls' parents, in their individual capacities and on behalf of their daughters, filed a complaint against, inter alia, Norton and the DOE. The complaint asserted several distinct claims for relief, among them (1) an intentional tort claim against Norton, (2) a claim "in respondeat superior" against the DOE as Norton's employer, (3) a negligence claim against the DOE "as a separate and independent tort from the wrongful acts and omissions of . . . Norton," and (4) a negligent infliction of emotional distress claim "as to all defendants." As to their negligence claim against the DOE, the plaintiffs averred in relevant part that the DOE "had a duty to each of the laintiffs" to: (1) "conduct a meaningful investigation and background search prior" to reinstating Norton; (2) supervise Norton's "unusual behavior," such as his practice of "secreting himself in his classroom during the lunch hour and issuing hall passes to young girls," given T.Y.'s prior allegations; (3) promptly notify the police and a student's parents, upon learning of allegations of a teacher's sexual abuse of the student; (4) train its employees "in the monitoring and investigation of matters involving sexual abuse by its teachers and to avoid incompetent, harmful investigations of such allegations"; (5) "avoid urging" the military to withdraw Norton's "persona non grata" status and "avoid personally vouching" for him "in a manner that resulted" in the military not precluding him from entering KMCAS; and (6) notify parents "before their child is interviewed by any official or employee about potential sexual abuse by a teacher." Because various DOE employees had breached the foregoing duties, the plaintiffs contended that the DOE was liable to them for its negligence "for failing to have exercised reasonable due care to avoid the injury [,] which was foreseeable under the circumstances."
The plaintiffs further alleged that, as a result of Norton's and the DOE's conduct, Melony and Nicole both "suffered grievous and permanent injuries, mental and emotional distress." Similarly, the plaintiffs alleged that each girl's parents "individually suffered serious and grievous mental and emotional distress arising out of the injuries subjected to their minor children[,] which has required extensive counseling to the entire family and which has resulted in substantial and permanent emotional distress." The plaintiffs sought "compensatory and punitive damages against [Norton] . . . and compensatory damages as to all Defendants arising out their injuries" and, therefore, prayed for "general, special and punitive damages as provided by law[.]"
In its answer to the complaint, the DOE, inter alia, asserted sovereign immunity as a defense and contended that, in any event, Norton's intentional tort was a superceding cause of the plaintiffs' injuries. Coupled with its answer, the DOE asserted a cross-claim, inter alia, against Norton.
At trial, the parties stipulated that Norton had an "extensive prior history of pedophilia," and the DOE did not dispute that he had molested Melony and Nicole. The plain
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