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Doe v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints

Court of Appeals of Utah

106 P.3d 743 (2004)

Relevant factsFree

George Tilson, a scout leader and church member, sexually abused Jane Doe (plaintiff) as a child in 1976 and, years later, abused her son John (plaintiff). Jane later learned that the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (COP) (defendant) may have known Tilson was a child abuser before he abused her and her son. The plaintiffs sued COP for negligently failing to warn Jane of Tilson's past conduct, but the abuse of both plaintiffs occurred in Tilson's own home, not in a COP-controlled setting.

IssueFree

Whether the common law imposes a duty on a defendant to prevent harm when doing so requires warning others about another person's conduct.

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