The High Court has awarded a former pupil €315,000 after finding that a teacher sexually abused him at St. John’s National School in Sligo between 1969 and 1972, and that the Marist Congregation was vicariously liable for the assaults.
O’Neill J. gave judgment on 24 January 2014 in a claim for assault and battery. The plaintiff alleged that Patrick Joseph McGowan, the second defendant, sexually abused him while teaching his fourth, fifth and sixth classes. McGowan denied the allegations. The judge rejected his denials and found that the plaintiff and four former classmates gave truthful and reliable evidence corroborating the abuse.
The judge found that the plaintiff’s complaint about corporal punishment did not establish unlawful assault. The court’s finding of liability for assault and battery was confined to the sexual abuse.
The court also considered whether the first defendant, Padraic Hickey, sued as Provincial of the Marist Brothers in Ireland, was vicariously liable. Although McGowan’s formal teaching contract was with the school manager, the judge found that the Marist Congregation directed his teaching assignments and exercised day-to-day control over the school and its teachers. Applying the close-connection test, the court held that McGowan’s relationship with the congregation was sufficiently akin to employment and closely connected to the abuse. The judge treated Hickey as representing the relevant Marist body for the claim.
The judge found that the school manager also had dual vicarious liability, based on his residual authority over teachers’ contractual arrangements. But the manager was not a defendant, and a claim against his estate was time-barred. The court assessed the manager’s share at 10% of the overall liability and held that the plaintiff had to absorb that share.
Damages were assessed at €250,000 for general damages to date and €100,000 for future general damages, totalling €350,000. After the 10% reduction, the award was €315,000. The judgment does not state an additional order for interest or costs.