Buffalo Diocese denied motion to dismiss alleged school sexual assault case

BUFFALO, N.Y. (WIVB) – We’re learning more about a case of potential sexual abuse involving a 6-year-old boy on a Buffalo Public School bus in December of 2015.

We first told you about this case last year. The mother of the boy claims her son was forced to perform a sex act on a 12- year-old- boy.

State Supreme Court papers show the family is holding the bus company. First Student, the Diocese of Buffalo, the Buffalo Public School District, three employees at the school, and the bus driver and bus aid, all responsible for what happened on that school bus.

Last week, the Diocese of Buffalo and Our Lady of Black Rock school made a motion to dismiss the case. That motion was denied in full by Supreme Court Justice Tracey Bannister.

Originally, the court documents were sealed. But this new action has no confidentiality stipulation, and the papers are public record.
Now we’re seeing what has happened in court since the beginning of this year.
The catholic elementary school now says they owe “no legal responsibility for any injury that occurs on the school bus.”

They say once a student at a catholic elementary school steps onto a bus owned by a private company, the school is no longer responsible.

The alleged victims mother says her son has emotional and behavioral disabilities. She’s claiming her son was sexually molested by a boy twice his age and her concerns were ignored.

She says this happened at least five different times. She’s now suing all parties involved for negligence.

The Diocese could appeal this, now that their motion has been denied. Neither side has disputed that this alleged abuse happened.

There is bus surveillance video of the incident in question. But the court papers show there is debate over who is responsible now.

We’ve reached out to the diocese for a response on the court preceding, but have not yet heard back.

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