Thursday, November 15, 2007

Answered certified question. In a case involving an alleged molestation of a child by a pastor, the Second Circuit had certified a question to the Vermont Supreme Court. The question was whether under Vermont Law a church is subject to vicarious liability for tortious acts of its pastor under the Restatement (Second) of Agency sec. 219(2)(d) if the pastor was allegedly aided in accomplishing the tort by the existence of the agency relation with the church. The Vermont Supreme Court answered the question in the negative and the Second Circuit affirmed the District Court's grant of summary judgment.

The decision in Doe v. Newbury Bible Church can be found here.

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