Grandmother can be liable for grandfather's sex abuse.

Byline: Eric T. Berkman

A grandmother who allegedly failed to protect her granddaughter from sexual abuse by her husband may be held liable for negligent supervision, a U.S. District Court judge has decided.

The grandmother, defendant Barbara Pike, argued that while she was caring for plaintiff "Jane Doe" she had no legal duty to control the conduct of a third person and prevent him from causing the plaintiff harm.

But Judge Timothy S. Hillman disagreed.

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Doe v. Pike, Lawyers Weekly No. 02-514-19 (19 pages)

THE ISSUE:Could a grandmother who allegedly failed to protect her granddaughter from sexual abuse by her husband be held liable for negligent supervision?

DECISION:Yes (U.S. District Court)

LAWYERS:Christopher M. Hennessey, Sasha N. Kopf, Alexander C. Sohn and Elizabeth A. Tully, of Cohen, Kinne, Valicenti & Cook, Pittsfield (plaintiff)

Andrew P. DiCenzo and Donald C. Keavany Jr., of Christopher, Hays, Wojcik & Mavricos, Worcester; Janine H. McNulty and Paul E. Mitchell, of Mitchell & DeSimone, Boston (defense)[/box]

"Plaintiff contends that a duty of care exists based on the 'special relationship' that exists between she and her grandmother," Hillman wrote. "While the Court has not found a Massachusetts case on point, courts in other states have recognized claims for negligent supervision against a grandparent for not protecting the minor child from sexual abuse committed by his/her spouse. ... On the summary judgment record, I find that Barbara owed Jane Doe a duty of care."

Important decision

Lead plaintiff's counsel, Christopher M. Hennessey of Pittsfield, declined to comment, and attorneys for the defendant could not be reached for comment prior to deadline.

But Carmen L. Durso of Boston, who has represented numerous sexual abuse victims and survivors, lauded the decision for establishing a duty of care in circumstances such as Pike.

"The judge's formulation regarding caretakers and children is different from the negligent supervision rule you apply in other circumstances," he said. "And it's a perfectly sensible way to approach this. There are cases from other jurisdictions that support it, and my experience is that with questions unresolved by Massachusetts courts that have been resolved by the federal court, [the federal decisions] tend to be respected."

Mitchell Garabedian, the attorney known for representing victims of the Boston Archdiocese sex-abuse scandal, said the ruling...