Supreme Court Opinions

N.J.S.A. 59:2-1.3(a)(1) does not categorically bar the imposition of vicarious liability on a public entity for acts of sexual abuse outside the scope of a teacher’s employment, and plaintiffs’ vicarious liability claims should not have been dismissed at the pleading stage. The Court adopts a standard for the determination of vicarious liability claims asserted against public schools pursuant to the statute. As to the second issue, a public school does not bear a fiduciary duty to a student.

N.J.S.A. 59:2-1.3(a)(1) does not categorically bar the imposition of vicarious liability on a public entity for acts of sexual abuse outside the scope of a teacher’s employment, and plaintiffs’ vicarious liability claims should not have been dismissed at the pleading stage. The Court adopts a standard for the determination of vicarious liability claims asserted against public schools pursuant to the statute. As to the second issue, a public school does not bear a fiduciary duty to a student.