The plaintiff brought an action against the defendant hospital for damages arising from sexual abuse he suffered in 1983 while attending an alternative school located on the hospital's grounds.
The plaintiff alleged that the director of the school, who was also his tutor, sexually battered him and that the hospital was vicariously liable and negligent.
The Superior Court of Justice found that the director did commit sexual battery against the plaintiff.
However, the court dismissed the action, concluding that the hospital was not vicariously liable because the relationship between the hospital and the director was not sufficiently close, as the director operated the school independently.
The court also found that the plaintiff failed to establish negligence on the part of the hospital.
