Troy v. Bishop Guertin High School, et al.
Annotate this CasePlaintiff Larissa Troy appealed a superior court order granting summary judgment in favor of defendants Bishop Guertin High School (BGHS) and Brothers of the Sacred Heart of New England, Inc. (BSHNE), based upon the court’s finding that the plaintiff’s claims were barred by the statute of limitations. In 1998, Shawn McEnany was convicted in Main of unlawful sexual conduct with a fifteen-year-old female student while McEnany was teaching at another school BSHNE owned and operated. Despite knowledge of this conviction, in 1990, BSHNE hired McEnany to each at BGHS. Plaintiff attended BGHS from 1992 to 1996. In 1995, when plaintiff was seventeen years old and a high school senior, plaintiff alleged McEnany sexually assaulted her on two occasions on the BGHS campus. Despite reporting the second incident to the BGHS Dean of Students, no action was taken on plaintiff’s report. In 1997, McEnany was charged in New Hampshire with “teaching as a convicted sex offender and failing to register as a sex offender.” The headmaster of the school notified parents of McEnany’s conviction, but plaintiff alleged she first became aware of McEnany’s conviction in 2017. That year, McEnany passed away. In May 2018, plaintiff brought two common-law claims alleging defendants were: (1) negligent in hiring, retaining and supervising McEnany; and (2) negligent in failing to protect her when she was a student at BGHS. Viewing the evidence in the light most favorable to plaintiff, the New Hampshire Supreme Court concluded there was a material factual dispute as to when plaintiff knew, or in the exercise of reasonable diligence, should have known, that her injury was proximately caused by defendants’ conduct. Accordingly, the Court reversed the trial court’s grant of summary judgment and remanded for further proceedings.
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