J.S. and M.S. v. R.T.H.
New Jersey Supreme Court
714 A.2d 924 (N.J. 1998)
John (defendant) was criminally convicted of sexually assaulting his young neighbors, C.S. and M.S. (plaintiffs), ages 12 and 15, who spent considerable time alone with him in his barn caring for horses. The girls and their parents (plaintiffs) sued John and added his wife Mary (defendant), alleging she was negligent for knowing or having reason to know of John's "proclivities/propensities" toward this kind of abuse; Mary conceded that point and moved for summary judgment, which the trial court granted. The appellate court reversed and remanded for extended discovery, and the New Jersey Supreme Court granted Mary's petition for certification.
Whether a spouse has a duty to prevent or warn of his or her spouse's sexual abuse or propensity for sexual abuse.