Kimberly Hecksher, Plaintiff Below, Appellant v. Fairwinds Baptist Church, Inc., a Delaware Corpo — Vaughn, J…

Summary

Justice Vaughn dissents from the majority's conclusion that Fairwinds Baptist Church may face liability based on imputed knowledge or vicarious liability for a teacher's failure to report abuse. The dissent reads the Child Victim's Act to require proof of the entity's own gross negligence and concludes that the evidence did not create a genuine issue of material fact on that question. The dissent also reasons that the alleged red flags and unrelated complaints were insufficient to show that Fairwinds consciously disregarded an apparent risk of abuse.