Duncan Ververs Child Victims Act cases move toward trial; BCSD and Town fail in bids to dismiss

After an interminable six-plus years in the legal system, two Duncan Ververs Child Victims Act lawsuits against Brighton Central School District and the Town of Brighton have taken a major step forward. BCSD and the Town have failed in their bids to get the cases summarily dismissed, thanks to recent decisions from Monroe County Supreme Court Judge Charles Schiano. This is a significant victory for plaintiffs Barbara Shields and Annette Miano James, who report that Ververs sexually abused them when they were minor gymnastics students. 

Both the Town of Brighton and BCSD sought to have the plaintiffs’ cases dismissed on a number of grounds. The school district argued that it was not required to protect children on its campuses if they were not enrolled students. Meanwhile, the Town argued that since it hired Ververs as an independent contractor rather than an employee, the Town should not be held legally accountable for his actions.

Judge Schiano poked holes in arguments like these, clearing the way for the cases to proceed to trial. In lengthy decisions here,  here, here and here, the judge cited examples of the Town of Brighton and BCSD’s apparent negligence in supervising Ververs’ conduct in school buildings and town recreation programs. Schiano noted, for instance, that staff at Council Rock School were aware of Ververs’ inappropriate behavior toward minor gymnastics students, yet failed to investigate this behavior further.

Importantly, while Schiano dismissed the plaintiffs’ request for “punitive damages” against BCSD and the Town, his decision does not rule out a future monetary award should a jury decide in the plaintiffs’ favor. “Compensatory damages” could still be awarded to the plaintiffs, to make up for trauma and distress, lost wages, medical expenses, and other costs they incurred due to Ververs’ abuse. 

Trial dates in 2027 have now been set for the cases. However, we will be on the lookout for potential settlement agreements in coming weeks, since cases like these are often resolved through settlement rather than going to trial. 

Odds are now slim that the cases will be thrown out of court entirely, which means the town and school district will be feeling the heat and may agree to a substantial payout to survivors in order to avoid trial. (BCSD, at least, is prepared to take such a hit, having maintained its own under-the-radar fund to pay Child Victims Act settlements.)