The appellant sought to hold a school board liable after repeated sexual assaults by a school janitor, advancing claims for breach of fiduciary duty and breach of non-delegable duty.
The Court held that the governing school legislation did not impose a general non-delegable duty making the board strictly responsible for abuse by employees on school premises.
It further held that fiduciary law does not guarantee a particular outcome or convert such claims into no-fault liability, and that no wrongful conduct by the board itself was established.
On the cross-appeal, the Court upheld the trial judge’s conclusion that most of the harm was indivisible and jointly caused by the janitor and later abusers.
