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NegligenceChurch Defendants - Bible Study - MolestationWhere (1) a minor plaintiff allegedly was molested by a ministerial servant during Bible study sessions and (2) the plaintiff along with her parents then filed suit seeking to hold liable the servant's father (a church elder), Columbus Park Congregation of Jehovah's Witnesses and Ashmont Congregation of Jehovah's Witnesses, the defendants' motion for summary judgment with respect to a negligence count should be denied. "[O]rdinary negligence principles dictate that where a church or its agent assumes the care and control of an individual for Bible study or other ministerial or religious purposes, and that individual relies on the instructor's status of good standing within her church, the church must reasonably guard against the agent's foreseeable criminal acts." The summary judgment is also denied as to counts alleging breach of fiduciary duty, deceit and intentional and negligent infliction of emotional distress. The defendants will be awarded summary judgment, however, on a count alleging conspiracy and on a count by which the plaintiffs seek to hold them vicariously liable for sexual assault and battery. Finally, a motion for summary judgment filed by codefendant Watchtower Bible and Tract Society of New York, Inc. should be allowed as to all claims asserted against it. Beal, et al. v. Broadard, et al. (Lawyers Weekly No. 12-028-05 ) (19 pages) (Smith, J.) (Suffolk Superior Court) Robert Huntington for the plaintiffs; Joseph Desmond for the defendants (Civil Action No. SUCV2002-05765-C) (Feb. 4, 2005). | 
