United States Second Circuit

In suit alleging that plaintiff was sexually molested as a boy by pastor of defendant church entities, summary judgment for defendants is affirmed as a church is not subject to vicarious liability for tortious acts of its pastor under the Restatement (Second) of Agency section 219(2)(d), even if the pastor was allegedly aided in accomplishing the tort by the existence of the agency relationship with the church.

Appellate Information

• Decided 11/14/2007
• Published 11/14/2007

Judges

• PER CURIAM., Before:  JACOBS, WESLEY, Circuit Judges;  KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric R. Gardner, Keene, New Hampshire, for Plaintiff-Appellant.


• For Appellees:
  
• Gregory M. Eaton, Aten Clayton & Eaton PLLC, Littleton, New Hampshire, for Defendants-Appellees.