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Settlement of Negligence Claims against local BSA Troop

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General Negligence

Confidential settlement of negligence claims against the Boy Scouts of America, Daniel Boone Council, and Troop 605 in Western North Carolina pursuant to allegations of preventable sexual abuse of a 13 year old Scout by a 15 year old Scout during a summer camp – January 2015

The guardian ad litem and parents of a 13 year old former Scout alleged in their lawsuit that the younger Scout had been sexually exploited and assaulted by an older Scout at a summer camp organized by the regional troop. The plaintiffs alleged that the defendants had reasonable notice of purported, relevant prior behaviors by the older Scout which made the assault reasonably foreseeable, but that each failed to take reasonable and necessary measures to prevent the traumatic incident, which should have included heightened supervision if not prior refusal or revocation of the older Scout’s membership.

The defendants denied any negligence and specifically alleged that the minor Scouts had actually engaged in consensual and secretive sexual behaviors which were neither foreseeable to nor reasonably preventable by the Troop’s adult leadership, and that all reasonable and necessary supervision and safety measures had been installed.

The Boy Scouts of America specifically denied that it exercised any control over the specific, if any, Troop scouting activities and, thus, alleged it was not imposed with any direct duties to protect the minor Scout from the alleged activities. Furthermore, theBoy Scouts of America alleged that it did not have any relevant knowledge of behaviors, circumstances, or events which potentially could have imposed upon them any such duties. The Daniel Boone Council similarly denied that it exercised any control over the Troop activities or had any notice of behaviors or incidents which would otherwise impose a direct duty upon them for the safety of the minor Scout or any other Scouts from such alleged sexual abuse. The Troop 605 leadership denied any and all negligence and specifically asserted that the preponderance of the evidence was that the minors engaged in consensual sex that violated Scouting rules and principles but which Troop leadership could not reasonably foresee and prevent under the specific circumstances.

Court motion by the Boy Scouts of America and the Daniel Boone Council to be dismissed from the lawsuit was denied by the Court, and the case settled immediately prior to pre-trial motions and jury selection.

Medical experts for the plaintiffs, including the young boy’s treating psychiatrist, testified at their depositions that the minor suffered from post-traumatic stress disorder (PTSD) as a direct result of the purported sexual exploitation and assault, and that he would likely require therapeutic counseling and other psychological/psychiatric care over his lifetime posing significant expenses.

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