COMMONWEALTH OF MASSACHUSETTS COURT TRIAL DEPARTMENT - '07. .7 -- I PlaintitrVermont Academy, and ,7 )w Sm Backer DBfendamS- newsman/immune fig COMPLAINT AND JURY DEMAND INTRODUCTION Plaintiff -- is now a 21 year old female and is a former boarding student at the defendant school, Vermont Academy, Saxtun Falls, approx. Se-ptember 2003 until graduation in June 2007. She attended there I for high school grades freshman through her senior years. Defendant, Scott Backer Backer") served as an adviser and teacher at Vermont Academy until he was fired in 2007. Mr. Backer is an older, married male and on information and belief is appmximately 40 years old and served in a position of authority and trust to students at Vermont Academy, including to Ms - This action arises based on the outrageous sexual activity to which Ms. - then a minor and only 15 years old . was subjected to by Mr. Backer; and the failure oiVermont Academy to fulfill its obligations to Ms. -ncl her family in providing the education contracted for and in their failure to protect Ms. - from Mr. Backer and to protect here from the retaliation and related actions to which Ms.-vas subjected immediately after Mr, Baker was fired. This action is brought to recompense Ms. - for her damages, including but not limited to the significant emotional trauma to which she was subjected, including the loss of precious years at a School which school had promised a safe and nurturing environment. PARTIES Plaintiff. is a woman, residing in -MA. County of Defendant, Vermont Academy is a private boarding school, organized in Vermont, located at 500 10 Long Walk, Saxtons River, VT . Defendant Scott Backer is a male, residing in parts unknown, c/o Vermont Academy, 500 10 Long Walk, Saxtons River, VT . COUNT I - BREACH OF VIOLATION OF GOOD FAITH AND FAIR DEALING (AGAINST VERMONT . Plaintiffrepeats the allegations set forth above. . Defendant materially breached the contract to provide schooling to Ms. . Defendants' breaches were material, including but not limited to failing to provide a safe and secure environment free from predatory and sexually abusive conduct by teachers at Vermont Academy. . Defendants breached and violated the covenant ofgnod faith and fair dealing inherent in every contract and arising therefrom i As aresnlt ofthest: conlractual breaches any monies paid by Ms-her parents should be recovered plaintiff. 10result of defendant's material breach of the Contact, plaintiff has suffered substantial damages, including but not limited to loss of revenue. consequential damages and damage to Ms. -reputation and legal fees and expenses. COUNT II- BREACH OF PROMISSORY ESTOPPEL VERMONT ACADE fl! Plaintiff repeau the allegations set forth above. Defendant materially breached their agreements and promises to Ms. Johnston, including those set forth above in Par. 23. Defendants materially breached each of their promises made to, and agreed upon with, plaintiff by failing to fulfill their promises, by failing to keep their promise to provide a school Defendants' promises were such that it should reasonably be expected that plaintiff - would act upon them. The promises did induce plaintiff and those acting on behalf of the plaintiff to act upon them, and to accept the invitation of the defendant school to board and matriculate at Vermont Academy. Plaintiff and her parents reasonably relied upon the promises. Defendant failed to fulfill the promises and as a result injustice can be avoided only by enforcement of the promises. Among the injustices to result without enforcement of the promises are that plaintiff may have no recovery for her losses. As a result of the breach of the promises, any monies paid to Vermont Academy and consequential damages should be recovered by plaintiff, I 19. As a result of defendant's failure to fulfill the promises, plaintiff has suffered substantial damages, including but not limited to loss of revenue, consequential damages and damage to reputation and legal fees and expenses. COUNT In - DEFAMATION PER SE (VERSUS BOTH 20. Plaintiff repeats the allegations set forth above. 2l Defendants' communications, including those on Facebook, and the obvious inferences from the circumstances regarding Banker's action, were published to third parties, and case Ms. -n the most unfavorable light, including engaging in criminal behavior, though she was a minor. Ms. -did not engage in any crime whatsoever. 22. Upon information and belief, defendants are engaged in continuous defamation of Ms, - severely damaging her reputation. 23. As a result, Ms, - has suffered substantial damages, including but not limited to loss loss ofbeneflts, loss offuture benefits, consequential damages and damage to her reputation, severe emotional distress and legal expenses. COUNT IV . DEFAMATION (vs. BOTH DEFENDANTS) 24. Plaintitr repeats the allegations set forth above. 25. Defendants' communication including those on Faceboolt, and the obvious inferences from the circumstances regarding Mr. Banker's action, were published to third parties, and cast Ms. -in an extremely poor light and in effect communicated that Ms. - must have engaged in some kind of improper actions. 26, The communications held Msj-up to scorn, hatred, ridicule, and contempt, in the mind of any considerable and respectable segment of the community 27. Defendants were negligent in ascertaining whether the communications made were true, false, or defamatory before publishing the statqnents.; they were negligent also in failing to stop or limit or otherwise mitigate the communications. 28. Ms. -iid not engage in any improper action whatsoever. 29. The communications were false. 30. The communications are actually reckless because defendants knew the statements were false. 31. Upon information and belief, defendants are engaged in continuous defamation of Ms. -, severely damaging her reputation. 32 As a result, Ms.-has suffered substantial damages, including but not limited to loss of compensation, loss of benefits, loss of future benefits, consequential damages and damage to her reputation, severe emotional distress and legal expense. COUNT - BREACH OF MASSACHUSETTS CIVIL RIGHTS Gr L. c.12 14. Plaintiff repeats the allegations set forth above. 15. By acting as set forth above, defendants acted to threaten, coerce and intimidate the plaintiff. 16. Plaintiff did not have reasonable alternatives and could not mitigate the violation of her civil rights. 17. As a result of defendants' wrongful actions, the plaintiff suffered emotional harm with garden variety physical manifestations. 18. As a result, the plaintifths sustained damages, including but not limited to loss of monies, consequential damages and damage to her reputation, severe emotional distress and legal expenses. COUNT VI - INTENTIONAL INFLICTION 0F EMOTIONAL DISTRESS 19. Plaintiff repeats the allegations set forth above. 20. Defendants actions that harmed plaintiff, as set forth herein, were wholly without privilege and utterly repugnant to civilized persons and outrageous and harmful to plaintiff. 21. Defendants' actions, upon information and belief were intentional. 22. As a zesult, plaintiff suffered severe emotional distress, with garden variety physical manifestations and has been substantially harmed, 23. As a result of the defendants' wrongful acts including this intentional infliction of emotional distress, plaintiff suffered substantial damages, including but not limited to harm to reputation, loss of monies, consequential damages and severe emotional distress and legal fees and expenses. COUNT VII --NEGLIGENT SUPERVISION AGAINST VERMONT ACADEMY 24. Plaintiff repeats the allegations set forth above. 25. Defendant Vermont Academy had a duty to hire teachers that would not engage in the type of improper sexual conduct which Mt. Backer did engage in. 26 Defendant failed to investigate. supervise and oversee Mr. Backer consonant with that duty. 27. Defendant violated its duty and as a result, harm befell Ms-due to Mr, Backer's action and the actions of others immediately following Mr, Backer's discharge. 2& As a result, plaintiff suffered severe emotional distress. with garden variety physical manifestations and has been substantially harmed. ill] 29. As a result of the defendants? wrongful acts including this intentional in?iction of emotional distress, plaintiff suffered substantial damages, including but not limited to harm to reputation, loss of monies, consequential damages and severe emotional distress and legal fees and expenses. WHEREF ORE, the plaintiff prays that the Court grant her the following relief: 1. Enter judgment for the plaintiff awarding damages as set forth in Counts I- VII including an award for punitive and double or treble damages; and II. Award the plaintiff interest, costs and reasonable attorneys? fees; and Provide such other and further relief as the Court deems appropriate. PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY OF ALL CLAIMS Respectfully submitted, For the Plaintiff, By her attorneys Lil-1? William J. Rdyal Jr. 432220) ROYAL LAW FIRM, RC 27 Mica Lane WELLESLEY, MA 02481 Tel. 888-600-5133 October 15, 2010