Brian Frugis and Susan Frugis

Summary

The Supreme Court of New Jersey held that the Elmwood Park Board of Education was negligent in supervising its principal and therefore liable for the sexual abuse of two students. The Court affirmed that New Jersey Statutes 59:9-3.1 and related provisions require apportionment of liability between the negligent public entity and the intentional tortfeasor. It also affirmed the trial court's discretion in excluding the plaintiffs' lost‑future‑earning‑capacity claims from the jury. The matter was remanded for a trial on apportionment, and the judgment was affirmed in part, with a concurrence noting the need for a proper jury charge.