FILED: LEWIS COUNTY CLERK 08/11/2020 01:10 PM INDEX NO.

EFCA2020-000174
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020

STATE OF NEW YORK

SUPREME COURT COUNTY OF LEWIS

AL542 DOE,
SUMMONS
Plaintiff,
Index No.:
-against-

LOWVILLE ACADEMY AND CENTRAL SCHOOL,

LOWVILLE ACADEMY AND CENTRAL SCHOOL
BOARD OF EDUCATION and A. RONALD JOHNSON,

Defendants.

To the above-named Defendants:

You are summoned and required to serve upon Plaintiff's attorneys, at the address

stated below, an Answer to the attached Complaint.

If this Summons was personally served upon you in the State of New York, the

Answer must be served within twenty (20) days after such service of the Summons,

excluding the date of service. If the Summons was not personally delivered to you within

the State of New York, the Answer must be served within thirty (30) days after the service

of the Summons is complete as provided by law.

If you do not serve an Answer to the attached Complaint within the applicable time

limitation stated above, a judgment may be entered against you, by default, for the relief

demanded in the Complaint, without further notice to you.

The action will be heard in the Supreme Court of the State of New York, in and for

the County of Lewis. This action is brought in the County of Lewis because Defendants

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did business in The County of Lewis and The State of New York and Plaintiff resided in The

County of Lewis and the State of New York at the time of the incident complained of.

Dated: August 11 , 2020

by: Jason A. Fr ent sq.

for: LaFave, Wein & Frament, PLLC
Attorneys for Plaintiff
2400 Western Avenue
Guilderland, New York 12084-9770
518-869-9094

Jeffrey R. Anderson , Esq.

Taylor Stippel, Esq.
Jeff Anderson & Associates, P.A.
Attorneys for Plaintiff
55 West 39th Street, 11 th Floor
New York, New York 10018
646-759-2551

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STATE OF NEW YORK

SUPREME COURT COUNTY OF LEWIS

AL542 DOE,
COMPLAINT
Plaintiff,
Index No.:
-against-

LOWVILLE ACADEMY AND CENTRAL SCHOOL,

LOWVILLE ACADEMY AND CENTRAL SCHOOL
BOARD OF EDUCATION and A. RONALD JOHNSON,

Defendants.

Plaintiff, for his Complaint, by and through his attorneys, LaFave, Wein & Frament,

PLLC and Jeff Anderson & Associates, PA, complains against the Defendants Lowville

Academy and Central School District, Lowville Academy and Central School District

Board of Education and A. Ronald Johnson as follows:

1. At all times mentioned herein, Plaintiff resided in the County of Lewis and

the State of New York.

2. Plaintiff files this complaint under a fictitious name pursuant to Civil Rights

Law §50-b because it involves a sexual assault.

3. Pursuant to §4 of the New York Child Victims Act, Plaintiff is entitled to trial

preference.

4. Whenever reference is made to any Defendant entity such reference

includes that entity, its parent companies, subsidiaries, affiliates, predecessors,

successors and assigns. In addition, whenever reference is made to any act, deed, or

transaction of any entity, the allegation means that the entity engaged in the act, deed, or

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transaction by or through its officers, directors, agents, employees or representatives

while they were actively engaged in the management, direction , control or transaction of

the entity's business or affairs.

5. At all times material, Defendant A. Ronald Johnson was an adult male

resident of the State of New York.

6. At all times mentioned herein, Defendant Lowville Academy and Central

School District was and is a governmental entity, subdivision, agency, and/or

administrative body organized and existing under and by virtue of the laws of the State of

New York.

7. At all times mentioned herein, Lowville Academy and Central School District

Board of Education was and is a governmental entity, subdivision, agency, and/or

administrative body organized and existing under and by virtue of the laws of the State of

New York.

8. At all times mentioned herein, Defendants Lowville Academy and Central

School District and Lowville Academy and Central School District Board of Education will

be referred to as the "institutional Defendants".

9. This is a revival action brought pursuant to the New York Child Victim's Act,

CPLR 214-g. This action alleges physical, psychological, and emotional injuries suffered

as a result of conduct which would constitute a sexual offense on a minor as defined in

Article 130 and/or section 263.05 of the New York Penal Law, or a predecessor statute

that prohibited such conduct at the time which conduct was committed against a child

less than eighteen years of age. As a civil cause of action was previously time barred

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prior to August 14, 2019, the terms of the Child Victims Act, CPLR section 214-g, revive

the claims set forth herein.

10. At all times mentioned herein there existed a high school located in Lowville,

New York more commonly known as Lowville High School.

11 . At all times mentioned herein, the institutional Defendants operated,

maintained and/or owned Lowville High School.

12. At all times mentioned herein, Defendant A. Ronald Johnson was a teacher

employed by the institutional Defendants.

13. At all times mentioned herein, Defendant A. Ronald Johnson was a teacher

at the high school located at 7668 N. State St., Lowville, New York, in the County of Lewis.

14. At all times mentioned herein, Defendant A. Ronald Johnson remained

under the direct supervision, employ and control of each of the institutional Defendants.

The institutional Defendants placed Defendant A. Ronald Johnson in positions where he

had access to and worked with children as an integral part of his work.

15. At all times mentioned herein, Plaintiff was a student at Lowville High

School. Plaintiff came into contact with Defendant A. Ronald Johnson as an agent and

representative of the institutional Defendants.

16. Through his involvement and attendance at Lowville High School, Plaintiff

developed great admiration, trust and respect for the school district, and came to know

and trust Defendant A. Ronald Johnson as his teacher, mentor and agent of the district

and authority figure.

17. During and throughout his attendance at Lowville High School, Plaintiff, as

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a minor and vulnerable child, was dependent on the Defendants. The Defendants had

custody of Plaintiff and accepted the entrustment of Plaintiff and , therefore, had

responsibility for Plaintiff and authority over Plaintiff.

18. In approximately 1976 when Plaintiff was approximately 14 years old,

Defendant A. Ronald Johnson engaged in unpermitted sexual contact with Plaintiff.

19. Defendant A. Ronald Johnson engaged in unpermitted sexual contact with

Plaintiff on an occasion when Defendant A. Ronald Johnson entered Plaintiff's home.

20. Defendant A. Ronald Johnson engaged in unpermitted sexual contact with

Plaintiff and accomplished the sexual abuse through the use of Defendants' chattels.

21. Prior to the sexual abuse of Plaintiff, the institutional Defendants learned or

should have learned that Defendant A. Ronald Johnson was not fit to work with children.

22. The institutional Defendants knew or should have known that Defendant A.

Ronald Johnson was a danger to children before he sexually molested Plaintiff.

23. At all times mentioned herein, Defendant A. Ronald Johnson remained

under the direct supervision, employ and control of the Defendants. The institutional

Defendants placed Defendant A. Ronald Johnson in positions where he had access to

and worked with children as an integral part of his work.

24. At all times mentioned herein, Plaintiff was a student at Lowville High

School. Plaintiff came into contact with Defendant A. Ronald Johnson as an agent and

representative of the institutional Defendants.

25. The institutional Defendants, by and through their agents, servants and/or

employees, knew or should have known of Defendant A. Ronald Johnson's propensity to

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commit sexual abuse and of the risk to Plaintiff's safety.

26. The institutional Defendants knew or should have known that there was a

risk of child sex abuse for children at Lowville High School.

27. The institutional Defendants knew or should have known that they did not

have sufficient information about whether or not there was a risk of child sex abuse for

children at Lowville High School programs and activities within and outside of Lowville

High School.

28. The institutional Defendants knew or should have known that the

institutional Defendants had agent(s) who had sexually molested children.

29. The institutional Defendants should have known that child molesters have

a high rate of recidivism.

30. The institutional Defendants negligently deemed that Defendant A. Ronald

Johnson was fit to work with children.

31. The institutional Defendants negligently deemed that any previous

problems that Defendant A. Ronald Johnson had were fixed or cured.

32 . The institutional Defendants negligently deemed that Defendant A. Ronald

Johnson would not assault children and/or that Defendant Johnson would not injure

children.

33. The institutional Defendants owed Plaintiff a duty of reasonable care

because they had superior knowledge of about the risk that Defendant A. Ronald Johnson

posed to Plaintiff, the risk of abuse in general in their programs and/or risks that their

facilities posed to minor children.

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34. The institutional Defendants owed a duty to Plaintiff to protect Plaintiff from

harm because the institutional Defendants' actions created a foreseeable risk of harm to

Plaintiff.

35. As a vulnerable child who Defendant A. Ronald Johnson had access to

through the institutional Defendants' facilities and programs, Plaintiff was a foreseeable

victim.

36. The institutional Defendants also breached their duty to Plaintiff by actively

maintaining and employing Defendant Johnson in a position of power and authority

through which Defendant Johnson had access to children, including Plaintiff, and power

and control over children, including Plaintiff.

37. Each institutional Defendant breached its duties to Plaintiff. The institutional

Defendants failed to use ordinary care. The institutional Defendants' breach of their duties

include, but are not limited to: failure to protect Plaintiff from a known danger, failure to

have sufficient policies and procedures to prevent child sex abuse, failure to properly

implement policies and procedures to prevent child sex abuse, failure to take reasonable

measures to make sure that policies to prevent child sex abuse were working, failure to

adequately inform families and children of the risks of child sex abuse, failure to

investigate risks of child sex abuse, failure to properly train the employees at institutions

and programs involving the institutional Defendants' programs and employees, failure to

train students within the institutional Defendants' geographical confines about the risk of

sexual abuse, failure to have an outside agency test their safety procedures, failure to

protect the children in their programs from child sex abuse, failure to adhere to the

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applicable standard of care for child safety, failure to investigate the amount and type of

information necessary to represent the institutions, programs, leaders and people as safe

and, failure to train their employees properly to identify signs of child sexual abuse by

fellow employees.

38. Through his involvement and attendance at Lowville High School, Plaintiff

developed great admiration, trust and respect for the school district, and came to know

and trust Defendant A. Ronald Johnson as his teacher, mentor and, agent of the district

and authority figure.

AS AND FOR A FIRST CAUSE OF ACTION

39. Plaintiff repeats and rea lleges all prior paragraphs of this Complaint as if

fully set forth herein .

40. Each Defendant owed Plaintiff a duty of reasonable care to protect the

Plaintiff from injury.

41. Defendants breached their duties of care.

42. The Defendants owed Plaintiff a duty of reasonable care beca use they

undertook custody of minor children , including Plaintiff, they promoted their school as

being safe for children, they held their agents, including Defendant A. Ronald Johnson,

out as safe to work with and teach children and/or encouraged children to spend time with

their agents.

43. All Defendants undertook the custody, supervision of, and/or care of the

minor Plaintiff. As a result of Plaintiff being a minor, and by Defendants undertaking the

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care and guidance of the Plaintiff, Defendants also held a position of empowerment over

Plaintiff. Further, Defendants, by holding themselves out as being able to provide a safe

environment for children, solicited and/or accepted this position of empowerment.

Defendants, through their employees, exploited this power over Plaintiff and, thereby, put

the minor Plaintiff at risk for sexual abuse.

44. All Defendants offered educational programs to children, and by accepting

the enrollment and participation of the minor Plaintiff as a participant in those educational

programs, Defendants owed Plaintiff a duty to properly supervise Plaintiff to prevent harm

from generally foreseeable dangers.

45. The Defendants also owed Plaintiff a duty to protect Plaintiff from harm

because the Defendants invited Plaintiff onto their property and A. Ronald Johnson posed

a dangerous co ndition on and off the Defendants' property.

46. All Defendants also breached their duty to Plaintiff by failing to warn Plaintiff

and Plaintiff's family of the risk A. Ronald Johnson posed and the risks of child sexual

abuse.

4 7. All Defendants also violated a legal duty by failing to report known and/or

suspected abuse of children by A. Ronald Johnson and/or their other agents to the police

and law enforcement.

48. The Defendants' actions created a foreseeable risk of harm to Plaintiff. As

a vulnerable child and student, Plaintiff was a foreseeable victim . Additionally, as a

vulnerable child who A. Ronald Johnson had access to as a teacher at Lowville High

School, Plaintiff was a foreseeable victim.

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49. As a direct and proximate result of the foregoing, Plaintiff sustained

physical, emotional, and psychological injuries, along with pain and suffering.

50. As a result of the foregoing , Plaintiff has been damaged in an amount which

exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

AS AND FOR A SECOND CAUSE OF ACTION

51 . Plaintiff repeats and realleges all prior paragraphs of this Complaint as if

fully set forth herein.

52. At all times material, Defendant A. Ronald Johnson was employed, either

with or without pay, by Defendants and was under each Defendant's direct supervision,

employ, and control when he committed the wrongful acts alleged herein. Defendant A.

Ronald Johnson engaged in the wrongful conduct while acting in the course and scope

of his employment with Defendants and/or accomplished the sexual abuse by virtue of

his job-created authority.

53. Defendants had a duty, arising from their employment of Defendant A.

Ronald Johnson, to ensure that he did not sexually molest children.

54. Further, Defendants owed a duty to train and educate employees and

establish adequate and effective policies and procedures calculated to detect, prevent,

and address inappropriate behavior and conduct between adults and children.

55. Defendants were negligent in the training, supervision, and instruction of

Defendant A. Ronald Johnson.

56. As a direct and proximate result of the foregoing , Plaintiff sustained

physical, emotional, and psychological injuries, along with pain and suffering.

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57. As a result of the foregoing , Plaintiff has been damaged in an amount which

exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

AS AND FOR A THIRD CAUSE OF ACTION

58. Plaintiff repeats and realleges all prior paragraphs of this Complaint as if

fully set forth herein .

59. At all times material, Defendant A. Ronald Johnson was employed by

Defendants and was under each Defendant's direct supervision, employ, and control

when he committed the wrongful acts alleged herein.

60. Defendants negligently retained Defendant A. Ronald Johnson with

knowledge of his propensity for the type of behavior which resulted in Plaintiff's injuries in

this action.

61. Defendants negligently retained Defendant A. Ronald Johnson in positions

where he had access to children and could foreseeably cause harm which Plaintiff would

not have been subjected to had Defendants taken reasonable care.

62. In failing to timely remove Defendant A. Ronald Johnson from working with

children or terminate the employment of A. Ronald Johnson Defendants failed to exercise

the degree of care that a reasonably prudent person would have exercised under similar

circumstances.

63. As a direct and proximate result of the foregoing, Plaintiff sustained

physical, emotional, and psychological injuries, along with pain and suffering.

64. As a result of the foregoing, Plaintiff has been damaged in an amount which

exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

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AS A ND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT A. RONALD

JOHNSON IN SEXUAL BATTERY

65. Plaintiff repeats and realleges each and every paragraph of this Complaint

as if fully set forth at length herein.

66. In and around 1976, Defendant A. Ronald Johnson intentionally inflicted

unpermitted, harmful, and offensive bodily, sexual contact upon the person of Plaintiff.

67. Plaintiff did not consent to the harmful bodily contact.

68. As a direct and proximate result of the foregoing, Plaintiff sustained

physical, emotional, and psychological injuries, along with pain and suffering.

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and

severally, on Plaintiff's First, Second and Third Causes of Action and against Defendant

A. Ronald Johnson on Plaintiff's Fourth Cause of Action, in an amount which exceeds the

jurisdictional limits of all lower Courts which would otherwise have jurisdiction , together

with interest as allowed by statute, the costs and disbursements of this action, and such

other and further relief as this Court deems just and proper.

Dated: August 11, 2020

by: Jason A. F ament Esq.

for: LaFave, Wein & Frament, PLLC
Attorneys for Plaintiff
2400 Western Avenue
Guilderland, New York 12084-9770
518-869-9094

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Jeffrey R. Anderson , Esq.

Taylor Stippel, Esq.
Jeff Anderson & Associates, P.A.
Attorneys for Plaintiff
55 West 39th Street, 11 th Floor
New York, New York 10018
646-759-2551

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