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Torts Keyed to Prosser
J.S. and M.S. v. R.T.H
Facts
Two young girls, ages twelve and fifteen, spent considerable amounts of time with their neighbor at his horse barn. The neighbor sexually abused both girls for more than a year. After the neighbor’s conviction and imprisonment, the Plaintiffs, the girls, along with their parents (Plaintiffs), brought this action against the Defendants, the neighbor and his wife (Defendants), for damages. Plaintiffs claimed that the wife’s negligence rendered her liable for the girls’ injuries. The husband conceded liability. The wife denied she could be found negligent. The wife claimed she owed no duty to the Plaintiffs and that any negligence on her part was not the proximate cause of injuries sustained by the Plaintiffs. The trial court entered summary judgment on behalf of the Defendants. On appeal, the Appellate Division reversed the order and remanded, granting the Plaintiffs extended discovery. The Supreme Court of New Jersey granted Defendants’ petition for certification.
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