Judge orders plaintiff in sex abuse case against former WAHS principal to file amended complaint
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A Lycoming County judge has issued an order regarding a civil case filed by a former student who is accusing the Williamsport Area School District of permitting an atmosphere to allow a former high school principal and a former teacher to have inappropriate sexual contact with the former student.
Judge William Carlucci issued the order regarding the civil case of John Doe v. Williamsport Area School District, Roger Freed, Michelle Pulizzi, Sean Walker and John Does one through 10.
Carlucci said the matter came before the court June 17 for oral argument on preliminary objections to the complaint filed May 13 by the school district.
After his review, the judge noted the objections by the district are granted in part and denied in part. In Freed's case, there were 26 not-guilty verdicts in the trial. In her case, Pulizzi received probation for her sexual relationship with a student.
In the order, Doe was directed by the judge to file an amended complaint within 20 days of the filing of the order. "Unless all the claims asserted against all of the defendants are identical, the plaintiff shall separately state each of the claims against each of the defendants, with sufficient material allegations of fact, in a concise and summary form," Carlucci's order states.
Additionally, the amended complaint will delete the claim of vicarious liability against the school district, the order states. Adding: "It shall not include separate counts alleging negligence against WASD per se, but may allege violations of applicable law on a basis for a claim of negligence."
Moreover, the amended complaint will either delete the claim of negligence against the district, or will set forth sufficient material allegations of fact to support the conclusion that the alleged conduct by Freed and Pulizzi was foreseeable by the district, the order states.
Furthermore, the amended complaint will either delete the claims of failure to warn and failure to rescue against the the district, or will set forth sufficient material allegations of fact to support the conclusion that the alleged conduct by Freed and Pulizzi was foreseeable by the district, and the district has a legal duty to warn or rescue as a result.
The amended complaint will either delete the claim for punitive damages against the district, or will set forth sufficient material allegations of fact to support the conclusion that the conduct of the district was malicious, wanton, willful, oppressive, or exhibited a reckless indifference to the rights of the plaintiff, Carlucci stated.
The amended complaint will delete the allegations set forth in paragraphs 16 through 27 of the original complaint. The balance of the preliminary objections is denied, he stated.