Schultz v. Boy Scouts of America, Inc.

102 A.D.2d 100, 476 N.Y.S.2d 309, 1984 N.Y. App. Div. LEXIS 18307
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 24, 1984
StatusPublished
Cited by5 cases

This text of 102 A.D.2d 100 (Schultz v. Boy Scouts of America, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. Boy Scouts of America, Inc., 102 A.D.2d 100, 476 N.Y.S.2d 309, 1984 N.Y. App. Div. LEXIS 18307 (N.Y. Ct. App. 1984).

Opinions

OPINION OF THE COURT

Asch, J.

Plaintiffs herein are Margaret and Richard Schultz. Plaintiff Richard E. Schultz sues on behalf of himself, as administrator of his son Christopher’s estate and also on behalf of his son Richard. He alleges that both sons, Richard and the now deceased Christopher, were sexually [101]*101abused by defendant Edmund Coakeley. The sexual acts took place at the church and school in New Jersey where defendant Coakeley was employed. Other acts took place at a Boy Scout camp located in up-State New York during the summer of 1978, where Coakeley was acting as a troop leader. Allegedly, as a result of these events, both brothers received psychiatric care and Christopher committed suicide in 1979. This action was commenced for wrongful death and for the injuries sustained as a result of the allegedly wrongful acts. The same plaintiffs initiated another action in New Jersey Superior Court based upon the same facts, against the Roman Catholic Archdiocese of Newark.

At Special Term, both defendants-respondents herein moved for summary judgment. Special Term granted the motions on the ground that New Jersey’s charitable immunity statute (NJ Stats Ann, § 2A:53A-7) was applicable, and since courts in the New Jersey case had applied such statute to the plaintiffs’ claim in New Jersey, plaintiffs were barred by collateral estoppel in this action. Hence this complaint was dismissed. Plaintiffs appeal.

The plaintiffs argue for application of the law of the place where the wrong occurred, in their view, New York, where there is no charitable immunity. But more than half the States, including New York, within the last quarter of a century, have rejected the rule of lex loci delicti. And more significantly, even if this doctrine were viable in the State, under the facts presented, the law of New York as to the liability of charitable institutions should not be applied.

Essentially, the complaint is based upon the claim that the defendants were negligent in hiring and/or supervising the defendant Coakeley, the alleged perpetrator of the sexual acts. Although there were torts which took place in New York, much of the sexual abuse of the two boys took place in New Jersey. What is more significant from the legal point of view is that the alleged wrongful hiring and supervision all took place in New Jersey. Certainly the injured parties were residents of New Jersey, as were the defendants.

[102]*102New York had been enrolled in the ranks of those States which have rejected the traditional “choice of law” rule in favor of a more flexible “grouping of contacts” for determination of which jurisdiction’s law to apply (Babcock v Jackson, 12 NY2d 473).

The plaintiffs and defendants were New Jersey residents, the main acts and omissions occurred in New Jersey, all relationships were centered in New Jersey, and thus, New Jersey is the only State with any real interest in the matter. New York has no legislative interest in doing more for citizens of New Jersey than New Jersey has decided to do. To do otherwise would do violence to the public policy of New Jersey to encourage the growth of charitable-educational entities within its boundaries, as indicated by its charitable immunity statute. Professor Harold L. Korn in a most comprehensive and scholarly analysis has pointed out that for the forum court to apply its local public policy in a choice of law situation where the parties are residents of another State, where they have an abiding relationship, is an unwarranted act of arrogation and perhaps unconstitutional. (See Korn, The Choice-of-Law Revolution: A Critique, 83 Col L Rev 772.)

In any event, there does not appear to be a strong public policy preventing a New York court from applying this New Jersey statute. The case of Rakaric v Croatian Cultural Club “Cardinal Stepinac Organization” (76 AD2d 619), which refused to apply the New Jersey charitable immunity statute (NJ Stats Ann, § 2A:53A-7), is inapposite. There, it should be noted, both plaintiff and defendant had their residences in New York. The place of the tort, an accident in New Jersey, was only fortuitous. The case of Dowd v Boy Scouts of Amer. (NYLJ, March 21, 1984, p 13, col 1) lends additional support for the application of the New Jersey charitable immunity statute to plaintiffs’ claims against the defendants-respondents.

In Dowd (supra), the court did nothing more than follow the well-established choice of law principle that New York courts will apply New York law to a claim or issue that has a strong underlying connection with New York, providing New York with a legitimate interest in its resolution. In Dowd, the New York connection was provided by the [103]*103plaintiffs and defendant being New York residents and the plaintiffs’ injuries occurring on land which, though in New Jersey, was “held in trust and maintained by a New York State corporation.”

As a result of these strong New York connections, the Dowd court determined that “[t]he interest of the State of New Jersey in providing immunity in this case is so minute that the State of New York would find it totally outweighed by its own.” Here, the situation is different from that considered in Dowd (supra).

Plaintiffs and the defendants-respondents are, and at all relevant times were, residents of the State of New Jersey. Additionally, the alleged negligence of the Franciscan Brothers — the alleged negligent “hiring” of defendant Edmund Coakeley to teach in the Assumption School of the Archdiocese, failure to fire Coakeley and causing of emotional distress to Mr. and Mrs. Schultz — occurred, if at all, in New Jersey. Likewise, the alleged negligent appointment of Coakeley by the Boy Scouts, as well as the alleged negligent failure to remove Coakeley as troop leader by the Boy Scouts, occurred wholly in New Jersey.

In short, there is neither a connection between plaintiffs’ claims against the Franciscan Brothers and the Boy Scouts and New York nor any legitimate interest of New York upon which to base the application of New York law to those claims. Under New York’s choice of law rules, the law of New Jersey — the only State with any connection with and interest in plaintiffs’ claims against the defendants-respondents — should be applied to plaintiffs’ claims against the defendants-respondents (see Nader v General Motors Corp., 25 NY2d 560, 565).

It will be recalled that the plaintiffs brought two actions for precisely the same injuries, one in the Supreme Court of New York County and a subsequent action in New Jersey.

The central issue in both the New Jersey action and the New York action is identical: are plaintiffs’ claims against a charitable educational entity barred by the New Jersey charitable immunity statute (NJ Stats Ann, § 2A:53A-7)?

After hearing full and extensive argument from both sides, the New Jersey Superior Court decided the charita[104]*104ble immunity issue against plaintiffs and held plaintiffs’ claims barred in their entirety by tjie New Jersey charitable immunity statute.

In recognition of the wholly dispositive effect of the New Jersey court decision on this action, plaintiffs’ counsel, both in the Supreme Court and before this court, asked that proceedings be deferred until the matter was finally resolved by the New Jersey courts.

The matter has now been finally resolved by the New Jersey Supreme Court (95 NJ 530).

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Bluebook (online)
102 A.D.2d 100, 476 N.Y.S.2d 309, 1984 N.Y. App. Div. LEXIS 18307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-boy-scouts-of-america-inc-nyappdiv-1984.