AC44153, AC44122 - Doe v. Board of Education (Negligence; recklessness; respondeat superior liability; motion for summary judgment; "These appeals involve consolidated actions concerning complaints of the bullying of two minor children by some of their classmates, which occurred while they attended Coleytown Middle School (middle school) in the town of Westport, and the alleged failures of school staff and administration in addressing those bullying complaints. In Docket No. AC 44153, the plaintiffs, John Doe 1, Jane Doe 1, and Jack Doe 1, appeal from the judgment of the trial court granting, in part, the motion for summary judgment filed by the defendants, the Board of Education of the Town of Westport (board); Micah Lawrence, the vice principal of the middle school; Elliott Landon, the superintendent of schools for the Westport school system; Richard Quiricone, a physical education teacher at the middle school; and the town of Westport (town). On appeal, the Doe 1 plaintiffs claim that the court erred in granting the Doe 1 defendants' motion for summary judgment. Specifically, the Doe 1 plaintiffs claim that the court improperly (1) failed to view the evidence in the light most favorable to the Doe 1 plaintiffs, (2) determined that the Doe 1 defendants are immune from liability under General Statutes § 10-222l because (a) the allegations of negligence in counts three, four, five, eight, and nine involve issues relating to whether the Doe 1 defendants acted in good faith and adequately reported and investigated the bullying allegations, which are factual issues and should not have been decided on a motion for summary judgment, and (b) the Doe 1 defendants failed to respond to six bullying complaints, (3) rendered summary judgment in favor of Lawrence, Landon, and Quiricone with respect to the claim of recklessness in count six because the claim requires a determination of their intent, which is a question of fact, (4) granted the motion for summary judgment as to count ten, which alleges a claim of respondeat superior liability against the board and the town, and (5) granted the motion for summary judgment when a genuine issue of material fact exists as to whether Landon or the board retaliated against the Doe 1 plaintiffs, as alleged in counts five, six, and nine. We disagree and affirm the judgment of the trial court in AC 44153.
In Docket No. AC 44122, the plaintiffs, John Doe 2, Jane Doe 2, and Jack Doe 2, appeal from the judgment of the trial court granting the motion for summary judgment filed by the defendants, the board, Kris Szabo, Lawrence, Landon, Quiricone, and the town. On appeal, the Doe 2 plaintiffs claim that the court improperly granted the Doe 2 defendants' motion for summary judgment. Specifically, the Doe 2 plaintiffs claim that (1) the court improperly failed to view the evidence in the light most favorable to the Doe 2 plaintiffs, (2) the allegations of negligence involve factual issues that are not susceptible to summary adjudication, (3) the claim of recklessness against Lawrence, Landon, Szabo, and Quiricone in count five requires a determination of their intent, which is a question of fact, (4) the court improperly granted the motion for summary judgment as to the claim of respondeat superior liability against the board and the town in count nine, and (5) a genuine issue of material fact exists as to whether Landon or the board retaliated against the Doe 2 plaintiffs, as alleged in counts four, five, and eight. We disagree and affirm the judgment of the trial court in AC 44122.")