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Conflict of Laws Keyed to Twerski
Schultz v. Boy Scouts of America, Inc.
Citation:
5 N.Y.2d 189, 480 N.E.2d 679Facts
Edmund Schultz, a New Jersey resident, brought suit on behalf of his two minor sons who were sexually abused by Brother Edmund Coakeley while attending a Boy Scout camp in New York. One son later committed suicide as a result of the psychological trauma from the abuse. Coakeley was employed by the Franciscan Brothers, an Ohio corporation that conducted activities in New York and New Jersey. The Boy Scouts of America was headquartered in New Jersey. The plaintiffs alleged that both defendants were negligent in hiring and supervising Coakeley, particularly since they had knowledge of his previous sexual misconduct with children. The case presented a conflict between New York law, which had abolished charitable immunity, and New Jersey law, which retained charitable immunity for organizations like the defendants.
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