Filing # 113501443 E-Filed 09/17/2020 08:58:25 AM

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL

CIRCUIT, IN AND FOR PALM BEACH COUNTY,
FLORIDA

CASE NO:
V. S., a minor child, by and through her Parent
and Natural Guardian, N.K.,

Plaintiff,

v.

Diocese of Palm Beach, Inc.,

d/b/a All Saints Catholic School, and
P. Jill Hambrook Broz,

Defendants.
_______________________________________/

COMPLAINT

Plaintiff V. S., a minor child, by and through her Parent and Natural Guardian, N.K., hereby

sues Defendants Diocese of Palm Beach, Inc., a Florida not for profit corporation, d/b/a All Saints

Catholic School, and P. Jill Hambrook Broz, an individual, and alleges the following:

JURISDICTION AND VENUE

1. This is a suit for child abuse and for negligence which were committed in Palm

Beach County, Florida, and therefore venue is proper in this Court.

2. This action involves damages in excess of Thirty Thousand Dollars, exclusive of

any claim for attorney’s fees, interest, or costs, and therefore this claim is within the jurisdiction

of this Court.

Cohen Milstein Sellers & Toll, PLLC

2925 PGA Blvd, Ste 200, Palm Beach Gardens, FL 33410
Telephone: 561.515.1400 Facsimile: 561.515.1401
PARTIES

3. V.S. is a minor child, a resident and citizen of the state of Florida and Palm Beach

County, who at the time of the abuses and sexual abuses she suffered as more fully described

herein was 11 years of age.

4. N.K. is the parent and natural guardian of V.S., with full parental rights as to V.S.,

including the right to bring this suit on behalf of and in the name of V.S., to redress personal

injuries sustained by V.S.

5. Pursuant to Florida law, due to V.S.’s status as a minor child, she is filing this action

through a next friend, her parent and natural guardian.

6. Pursuant to Florida Law and the Rules of this Court, including Rule 2.420 (c), of

the Fla. R. Jud. Admin., as a survivor of child abuse and child sexual abuse, Plaintiff V.S. is

identified by her initials only. Likewise, her parent N.K. is identified by initials only, as disclosure

of her name would necessarily reveal V.S.’s identity.

7. Defendant Diocese of Palm Beach, Inc., (hereafter sometimes referred to as “All

Saints Catholic”) is a Florida not for profit corporation, maintaining its principal place of business

in Palm Beach County, Florida, and does business in part as All Saints Catholic School, pursuant

to a registered fictitious name. Under that fictitious name, this Defendant operates All Saints

Catholic School as a private school for pre-kindergarten through eighth grade students at a campus

located in Jupiter, Palm Beach County, Florida.

8. Defendant P. Jill Hambrook Broz (hereafter sometimes referred to as “Defendant

Broz”) is an individual who is now and at all pertinent times was a citizen of Florida and an

employee of All Saints Catholic, specifically employed in the capacity as the school’s principal.

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FACTS APPLICABLE TO ALL COUNTS

9. At the time of the events at issue herein, V.S. was an unemancipated minor under

the age of 18.

10. V.S. was an enrolled student at All Saints Catholic School at all pertinent times of

the events at issue, including in the school’s spring semester of 2020.

11. In and about January through March 2020, V.S. was subjected to sexual abuse on

multiple occasions in a classroom at All Saints Catholic School; the abuse was perpetrated by a

peer (hereafter sometimes referred to as “the Abusive Peer”) when classes were left unattended by

the teacher assigned to the classroom and while no other adults were present to monitor for,

intervene in and dissuade such abuse from occurring.

12. The abuse inflicted on V.S. by the Abusive Peer in or about January through March,

2020, was a direct, proximate and foreseeable result of the Defendant All Saints Catholic’s

negligent violations of law and breaches of the applicable standards of care, including without

necessary limitation:

a. Failing to provide direct adult supervision of children under its care to

monitor for, intervene in and dissuade peer-on-peer abuse.

b. Failing to provide the necessary and required numbers of adults in

classrooms to adequately and persistently supervise children under its care.

c. Failing to train its staff adequately on the measures necessary to understand,

identify and mitigate the risk of peer-on-peer sexual abuse.

d. Failing to provide for and implement policies and procedures to mitigate

and prevent the risk of peer-on-peer sexual abuse.

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 13. In late February 2020, the sexual abuses that V.S. suffered, inflicted by the Abusive

Peer, were reported to law enforcement and child welfare authorities, which commenced

investigations, and the Defendants were informed of same.

14. The sexual abuses suffered by V.S. at the hands of the Abusive Peer resulted in

severe mental health trauma to V.S., adverse developmental impact, and development of severe

mental health distress and disorders, including post-traumatic stress disorder, and aggravation of

pre-existing mental health conditions.

15. Notwithstanding having been informed of the sexual abuses and the resulting

impact on V.S.’s mental health, including her need for and receipt of professional mental health

care interventions, Defendants failed to ensure that V.S. was then insulated from contact in the

school environment with the Abusive Peer and with his cohorts, who as a proximate result engaged

in foreseeable, ongoing bullying and retaliatory acts that had the intended and actual consequences

of denigrating and further humiliating V.S. among her peer group as a whole, including accusing

her of making a false report of the abuse and/or of welcoming the sexual acts perpetrated against

her.

16. Defendants otherwise failed to react to the ongoing bullying of V.S. by her peers,

including the Abusive Peer.

17. The retaliatory bullying and abuses suffered by V.S. by the Abusive Peer and his

cohorts resulted in further severe mental health trauma to V.S., adverse developmental impact, and

development of severe mental health distress and disorders, including post-traumatic stress

disorder, and aggravation of pre-existing mental health conditions.

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 18. In conjunction with the ongoing harms suffered by V.S., including the harm from

the failure of Defendants to provide for her protection and safety in the school environment in the

aftermath of suffering the aforesaid sexual abuse:

a. V.S. engaged in trauma-induced, maladaptive social behaviors with her

peers that Defendant Broz knew were directly symptomatic of the sexual abuse and the ongoing

exposure to the Abusive Peer and the related ongoing bullying and retaliation in the school

environment.

b. Upon learning of those maladaptive social behaviors and knowing of V.S.’s

mental health disorders, and without first advising or consulting with V.S.’s parents or mental

health care providers, Defendant Broz required V.S. to write an essay confessing to her

maladaptive social behaviors, which included her own recognition that her actions were induced

by the abuses she had suffered, and taking inordinate and unfair responsibility for the symptoms

of her trauma induced mental health disability.

c. Without first advising or consulting with, or gaining the consent of V.S.,

V.S.’s parents or V.S.’s mental health care providers, Defendant Broz provided V.S.’s written

essay containing and revealing her confidential and sensitive mental health information to certain

of V.S.’s peers and parents of her peers. The private and medical information about V.S. contained

therein was then foreseeably and proximately disseminated widely among V.S.’s peer group, thus

foreseeably and proximately inflicting on V.S. extreme humiliation, betrayal of privacy and other

severe adverse emotional and mental health impact and impairment.

d. Without first advising or consulting with, or gaining the consent of V.S.,

V.S.’s parents or V.S.’s mental health care providers, Defendant Broz suspended V.S. from school

for her maladaptive social behaviors that were rooted in her mental health trauma induced

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disability, thus foreseeably and proximately inflicting on V.S. extreme humiliation for suffering

from a trauma-induced mental health disorder and other severe adverse emotional and mental

health impact and impairment.

e. Without first advising or consulting with, or gaining the consent of V.S.,

V.S.’s parents or V.S.’s mental health care providers, Defendant Broz informed V.S.’s peers and

parents of those peers that V.S. was suspended from school for her maladaptive social behaviors,

thus foreseeably and proximately inflicting on V.S. extreme humiliation, betrayal of privacy and

other severe adverse emotional and mental health impact and impairment.

f. The aforesaid acts by Defendant Broz proximately, unjustifiably and

avoidably inflicted on V.S. significant and foreseeable harm and impairment to her mental and

emotional health.

g. The aforesaid acts by Defendant Broz constituted the willful infliction of

emotional and mental abuse of a child within the meaning of Florida Statutes section 39.01(2), to

wit, in pertinent part, “any willful act … that results in any … mental … injury, or harm that causes

or is likely to cause the child’s … mental, or emotional health to be significantly impaired.”

19. Defendant All Saints Catholic and Defendant Broz engaged in the following actions

to the obvious detriment of V.S.’s mental health that, on information and belief, were motivated

out of a desire to extend undue favor the Abusive Peer because his parents are long-time and

repeated substantial financial donors to the school itself and several charities connected to the

Diocese of Palm Beach, Inc.,, while V.S.’s parents are not of such means, thus favoring the

Diocese’s financial interests over V.S.’s welfare and recklessly risking likely harm and impairment

to V.S.’s mental and emotional health and ultimately inflicting that damage:

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 a. By failing to take disciplinary action against the Abusive Peer, including

suspension or expulsion that were mandated by the school’s published policies in its “Discipline

Plan” requiring such consequences for the repeated acts of sexual misconduct and bullying that he

committed against V.S. Instead, he was promptly returned to the classroom with V.S. without any

discernable consequence.

b. By taking disciplinary action against V.S. in the form of essay writing and

suspension for her trauma-induced and mental health disability-based adverse social behaviors

described above, while the “Discipline Plan” called for a sanction of nothing more than a detention.

c. By breaching V.S.’s privacy and confidentiality by distributing her above-

referenced essay to her peers and their parents, while no such action was taken against the peer

who sexually abused V.S.

d. By requiring that V.S.’s parents provide a mental health provider’s

certification that V.S. could safely return to school after exhibiting her maladaptive social

behaviors, while imposing no such certification requirement for the Abusive Peer who sexually

abused and preyed upon V.S. to return not just to the school, but the same classroom as V.S.

e. By attempting to require that V.S. change and disrupt her classroom

assignments when her parents demanded that the Abusive Peer be removed from the same

classroom as her, rather than remove him as a consequence of his criminal offenses towards V.S.

f. During the police investigation of the sex crimes committed against V.S. by

her peer, Defendant Broz did attempt to delay and prevent the police from interviewing the

Abusive Peer on campus on February 28, 2020, by informing the police when they arrived that she

had been instructed that he could only be interviewed with his attorney present. In fact, neither he

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nor his parents had retained an attorney for him as of that date and none was contemplated to be

retained for him by his parents until March 14, 2020.

20. Portions of the misconduct detailed herein are sufficient to warrant the imposition

of punitive damages and Plaintiff therefore states her intent to seek leave to amend this Complaint

pursuant to Fla. Stat. sec. 768.72 to seek punitive damages upon the development of record

evidence supporting same.

COUNT I
NEGLIGENCE BY ALL SAINTS CATHOLIC
AS TO PEER ON PEER SEXUAL ABUSE

21. Plaintiff realleges and incorporates into this Count the Facts Applicable to All

Counts alleged above.

22. The Defendant All Saints Catholic owed to Plaintiff a duty to maintain her safety

while in its custody and care, including her safety from peer-on-peer sexual abuse.

23. Defendant All Saints Catholic’s staff members, employees or other agents breached

the duty owed to Plaintiff while acting within the course and scope of their employment and/or

agency with the Defendant at the time and under the circumstances delineated herein in which they

acted, or failed to act, in accord with the law and applicable standards of care for the safety of

children, like V.S., placed into their care.

24. At all times material hereto, Defendant All Saints Catholic was responsible and

vicariously liable for the negligent acts or omissions of its employees or agents acting within the

course and scope of their employment or agency.

25. Defendant All Saints Catholic breached its duty to Plaintiff by not safeguarding

against, supervising for, intervening in or otherwise preventing the sexual abuse that she suffered

at the hands of the Abusive Peer.

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 26. As a direct, proximate and foreseeable result of Defendant All Saints Catholic’s

negligence, V.S. has suffered in the past, at present and will suffer into the future bodily and mental

health harm, pain and suffering, disability, mental anguish, aggravation of pre-existing mental

health conditions and harm, loss of capacity for the enjoyment of life, and expenses for mental

health and medical treatment, including hospitalization, medical and nursing care, medicines and

mental health treatment. The losses are either permanent or continuing in nature and Plaintiff will

suffer such losses in the future.

WHEREFORE, Plaintiff V.S. demands judgment against Defendant Diocese of Palm

Beach, Inc., for compensatory damages, costs, and all other such relief as the Court may deem just

and proper.

COUNT II
CHILD ABUSE AGAINST DEFENDANT BROZ

27. Plaintiff realleges and incorporates into this Count the Facts Common to All Counts

alleged above.

28. This Count is asserted against Defendant P. Jill Hambrook Broz.

29. Plaintiff was subjected to emotional and mental abuse of a minor by Defendant

Broz.

30. Defendant Broz acted with knowledge or reckless disregard to Plaintiff’s mental

health when she engaged in the acts set forth in paragraph 18 above.

31. As a direct and proximate result, Plaintiff V.S.. has suffered in the past, at present

and will suffer into the future bodily and mental health harm, pain and suffering, disability, mental

anguish, aggravation of pre-existing mental health conditions and harm, loss of capacity for the

enjoyment of life, and expenses for mental health and medical treatment, including hospitalization,

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medical and nursing care, medicines and mental health treatment. The losses are either permanent

or continuing in nature and Plaintiff will suffer such losses in the future.

WHEREFORE, Plaintiff demands judgment against Defendant P. Jill Hambrook Broz for

all damages available at law, as well as such other and further relief as the Court deems just and

equitable under the circumstances.

COUNT III
NEGLIGENCE BY ALL SAINTS CATHOLIC
AS TO CHILD ABUSE COMMITTED BY DEFENDANT BROZ

32. Plaintiff realleges and incorporates into this Count the Facts Applicable to All

Counts alleged above.

33. Defendant All Saints Catholic owed to Plaintiff a duty to maintain her safety while

in its custody and care, including her safety from being subjected to responses and reactions to

complaints of peer-on-peer abuse by school officials, including its principal, Defendant Broz, by

providing proper training, policies, procedures and monitoring of those responses and reactions.

34. Defendant All Saints Catholic’s staff members, employees or other agents breached

the duty owed to Plaintiff while acting within the course and scope of their employment and/or

agency with the Defendant at the time and under the circumstances delineated herein in which they

acted, or failed to act, in accord with the law and applicable standards of care for the safety of

children, like V.S., placed into their care, to prevent and guard against improper responses and

reactions to complaints of peer-on-peer abuse that risked likely harm and impairment to mental

and emotional health.

35. Defendant All Saints Catholic breached its duty to Plaintiff by not safeguarding

against, supervising for, intervening in or otherwise preventing the harm inflicted by Defendant

Broz more specifically alleged in paragraph 18 above.

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 36. As a direct, proximate and foreseeable result of Defendant All Saints Catholic’s

negligence, V.S. has suffered in the past, at present and will suffer into the future bodily and mental

health harm, pain and suffering, disability, mental anguish, aggravation of pre-existing mental

health conditions and harm, loss of capacity for the enjoyment of life, and expenses for mental

health and medical treatment, including hospitalization, medical and nursing care, medicines and

mental health treatment. The losses are either permanent or continuing in nature and Plaintiff will

suffer such losses in the future.

WHEREFORE, Plaintiff V.S. demands judgment against Defendant Diocese of Palm

Beach, Inc., for compensatory damages, costs, and all other such relief as the Court may deem just

and proper.

COUNT IV
VICARIOUS LIABILITY AGAINST ALL SAINTS CATHOLIC
AS TO CHILD ABUSE COMMITTED BY DEFENDANT BROZ

37. Plaintiff realleges and incorporates into this Count the Facts Common to All Counts

alleged above.

38. At all material times, Defendant Broz was an actual employee and agent of All

Saints Catholic.

39. All Saints Catholic is vicariously liable for the torts committed by Defendant Broz

within the scope of her agency and job duties.

40. Defendant Jill Broz committed tortious conduct against V.S. and that conduct was

engaged in within the scope of her agency and/or job duties for All Saints Catholic as its school

principal overseeing, directing and administering discipline and sanctions for student misconduct

and overseeing, directing, administering and controlling the dissemination of confidential

educational, disciplinary and medical information and records of individual students.

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 41. As a direct and proximate result of Defendant Jill Broz’s tortious conduct described

in paragraph 18 above, Plaintiff suffered, continues to suffer and will continue to suffer into the

future from severe physical and mental pain and harm, psychological and psychiatric trauma and

ailments and conditions co-morbid to trauma, aggravation of pre-existing mental health conditions,

emotional distress, embarrassment, diminished self-esteem, disgrace, humiliation, other pain and

suffering, loss of income and ability to earn an income, loss of ability for the enjoyment of life,

and expenses for medical and mental health care.

WHEREFORE, Plaintiff demands judgment against Defendant Diocese of Palm Beach,

Inc., for all damages available at law, as well as such other and further relief as the Court deems

just and equitable under the circumstances.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury of all issues so triable in this case.

Respectfully submitted,

/s/ Michael Dolce

_____________________________
MICHAEL DOLCE, ESQ.
Florida Bar No.: 48445
mdolce@cohenmilstein.com
TAKISHA D. RICHARDSON
Florida Bar No.: 42007
trichardson@cohenmilstein.com
Cohen Milstein Sellers & Toll, PLLC
2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
(561) 515-1400
Secondary emails:
ldameron@cohenmilstein.com
cpatrizio@cohenmilstein.com

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