Dm v. River Dell Reg. High School

862 A.2d 1226, 373 N.J. Super. 639
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 23, 2004
StatusPublished
Cited by9 cases

This text of 862 A.2d 1226 (Dm v. River Dell Reg. High School) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dm v. River Dell Reg. High School, 862 A.2d 1226, 373 N.J. Super. 639 (N.J. Ct. App. 2004).

Opinion

862 A.2d 1226 (2004)
373 N.J. Super. 639

D.M., T.D., E.F., B.F., D.Z., and M.E., Plaintiffs-Appellants,
v.
RIVER DELL REGIONAL HIGH SCHOOL, River Dell Board of Education, John Buller, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Argued October 20, 2004.
Decided December 23, 2004.

*1227 Steven Pontell, Fort Lee, argued the cause for appellants (Verde, Steinberg & Pontell attorneys; Mr. Pontell, of counsel and on the brief, and Siobhan McGowan, River Vale, on the brief).

Francis J. Campbell, Neptune, argued the cause for respondents, River Dell Regional High School and River Dell Board of Education (Kenney, Gross, Kovats, Campbell and Pruchnik attorneys; Mr. Campbell, of counsel and on the brief).

*1228 Arnold M. Mellk, Princeton, argued the cause for respondent John Buller (Wills, O'Neill & Mellk attorneys; Mr. Mellk, of counsel and on the brief and Gidian R. Mellk, on the brief).

Before Judges FALL, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

PAYNE, J.A.D.

In a complaint filed on March 17, 2003 against River Dell Regional High School, the River Dell Board of Education and John Buller, plaintiffs D.M. (fictionally, Dave), T.D. (fictionally, Ted), E.F. (fictionally, Ed), B.F. (fictionally, Bob), D.Z. (fictionally, Dick) and M.E. (fictionally, Matt)[1] allege that, while they were students at the defendant public school in the period between 1969 and 1981, they were sexually abused by their shop teacher and athletic coach John Buller, or that they witnessed his sexual abuse. On June 13, 2003, nine days after issue had been fully joined,[2] defendants moved to dismiss plaintiffs' complaint. The motion was argued on July 25, and granted in the form of summary judgment by the court. In a written opinion dated August 25, 2003, the court found that the plaintiffs' claims against Buller were barred by the statute of limitations as modified by the New Jersey Child Sexual Abuse Act, N.J.S.A. 2A:61B-1; that no cause of action existed against the school under the Act; and that common-law claims against the school were barred by N.J.S.A. 2A:14-2. At the hearing on the motion, plaintiffs' counsel requested a brief period of discovery and a hearing on the statute of limitations issues. That relief was denied by the court, which stated in connection with the claims against Buller:

The Court finds that here, a plenary hearing with respect to a determination of a plaintiff's state of mind regarding the date he reasonably discovered the injury and the causal connection between the alleged abuse and his injury, is not necessary. In J.L. [v. J.F., 317 N.J.Super. 418, 722 A.2d 558 (App.Div.1999)] the Appellate Division stated:
We do not rule or suggest that every case involving an evaluation of a tolling claim under N.J.S.A. 2A:61B-1(c) mandates a plenary hearing. There must be some fact in dispute material to a resolution of the tolling issue before a plenary hearing is required.

Id. at 435[, 722 A.2d at 567].

The plaintiffs did not suppress memories of the alleged sexual abuse, and were not forced under duress to conceal the abuse. They instead claim that they were too traumatized, embarrassed and ashamed of the sexual abuse directed at them to discuss the events with family or friends. Based on the record, the Court finds that the plaintiffs were all in a position to discover the effect of the alleged abuse shortly after they claim it occurred. There were no indications of duress and for at least a 20-year period Buller had no effective control over any of these plaintiffs. Accordingly, plaintiffs' claims against Buller are barred by the statute of limitations. N.J.S.A. 2A:61B-1(b).

*1229 In granting summary judgment on plaintiffs' common-law claims against River Dell, the court did not discuss any tolling of N.J.S.A. 2A:14-2 other than that occurring in the period of the plaintiffs' minority. N.J.S.A. 2A:14-21; Green v. Auerbach Chevrolet Corp., 127 N.J. 591, 598, 606 A.2d 1093, 1097 (1992).

Plaintiffs have appealed from the court's order of summary judgment against them. We affirm in part and reverse in part, as we more fully explain below.

I.

The conduct at issue allegedly occurred either at River Dell Junior High School or River Dell High School (collectively, River Dell) while the plaintiffs were in the seventh through ninth grades.[3] John Buller was a shop teacher at River Dell, and he coached the school's junior high school soccer and wrestling teams. Dave attended River Dell from September 1969 to June 1975, as did Ted and Ed. Bob attended River Dell from September 1976 to June 1981. Dick attended River Dell from September 1974 to the fall of 1979, and Matt attended River Dell from September 1968 to June 1973. Buller's misconduct allegedly took place in Buller's camper van, on athletic and camping trips, or at Buller's home and consisted primarily of genital fondling. Dave witnessed the conduct, but was not a victim of it. Two plaintiffs, Ted and Dick, allege episodes of oral sex. On many occasions, Buller is alleged to have given liquor and cigarettes to his vastly under-age charges prior to the sexual molestation, and a number of the plaintiffs allege that they were quite intoxicated when the conduct occurred.

Some time in the period from 1974 to 1979, Dick, who had been required to perform oral sex on Buller, reported the abuse to his parents, who contacted the school and, on a weekend, Dick's father allegedly had a conference at the family's home with the school's vice-principal, Buller and Buller's attorney. Thereafter, according to Dick: "I was restricted from walking in the hallway where Buller's classroom was located. No action was taken against Buller and I was made to feel like I had done something wrong."

None of the other plaintiffs mentioned the alleged abuse to family members or friends.[4] Approximately six or seven years before the complaint was filed, Ted commenced counseling, and he mentioned the abuse to his therapist. Ted has certified: "I thought that I should probably do something about it at the time, but I never did." No other mention of the events appears to have occurred until October 2001 when, after Dave was informed that his son had been sexually abused by a private school teacher and after he had determined that Buller remained employed at River Dell, Dave contacted Ted. The two determined to speak of their experiences to the Superintendent of Schools, and a meeting was held with the Superintendent on October 22, 2001. On December 10, 2001, representatives of the school met with Buller, and he submitted his resignation that day. The resignation became effective on December 31, 2001. An article in the Bergen Record on April 24, *1230 2002 reported on Buller's resignation and on the allegations of sexual abuse against him.

Ed has certified that he first became aware that others had been abused by Buller in the fall of 2001 when he was invited to dinner with Don, other victims of Buller's sexual abuse, and counsel for the River Dell Board of Education and River Dell Regional High School. Bob and Matt claim to have learned of Buller's abuse of others through the article in the Bergen Record in April 2002.

II.

We first address plaintiffs' appeal from the court's dismissal of their action against Buller on statute of limitations grounds. N.J.S.A.

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Cite This Page — Counsel Stack

Bluebook (online)
862 A.2d 1226, 373 N.J. Super. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-river-dell-reg-high-school-njsuperctappdiv-2004.