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Plaintiff Tara N.P. was sexually assaulted by Larry Smith, a worker referred by Suffolk County's welfare to work program, SWEP, to a facility leased by NACEC from the County. The County referred Smith despite knowing he was a level three sex offender, violating NACEC's request for candidates without criminal records. Plaintiff sued Suffolk County, alleging negligence, but the Appellate Division granted summary judgment to the County. The Court of Appeals affirmed, holding that the County acted in a governmental capacity when referring Smith through SWEP, a fundamental governmental activity. Furthermore, the Court found that the County did not assume a special duty to plaintiff because the elements of direct contact and justifiable reliance were absent, as any promises were made to NACEC, not the plaintiff, and there was no direct communication between plaintiff and the County.
Tara N.P. (Anonymous) v. Western Suffolk Board of Cooperative Educational Services is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
Plaintiff Tara N.P. was sexually assaulted by Larry Smith, a worker referred by Suffolk County's "welfare to work" program, SWEP, to a facility leased by NACEC from the County. The County referred Smith despite knowing he was a level three sex offender, violating NACEC's request for candidates without criminal records. Plaintiff sued Suffolk County, alleging negligence, but the Appellate Division granted summary judgment to the County. The Court of Appeals affirmed, holding that the County acted in a governmental capacity when referring Smith through SWEP, a fundamental governmental activity. Furthermore, the Court found that the County did not assume a special duty to plaintiff because the elements of direct contact and justifiable reliance were absent, as any promises were made to NACEC, not the plaintiff, and there was no direct communication between plaintiff and the County.
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