Kimberly Hecksher, Plaintiff Below, Appellant v. Fairwinds Baptist Church, Inc., a Delaware Corporation, And…

Summary

The court reversed summary judgment for Fairwinds, holding that the record permitted a reasonable jury to find gross negligence based on the imputation of an employee's knowledge and failure to report abuse, and based independently on the school's failure to implement safeguards or respond to warning signs. The court also held that the trial court improperly resolved factual questions concerning the employee's motivation and scope of employment. Justice Vaughn, dissenting, would have required proof of direct gross negligence by the school and would have affirmed summary judgment.