CHARLESTON — The Salvation Army wants a lawsuit filed against it alleging it failed to properly care for a 10-year-old girl to be dismissed from federal court.
The Salvation Army denies its liable to the plaintiffs in any manner and denied all the allegations against it in the complaint.
"Salvation Army did not act negligently or breach a duty of law owed to the Plaintiffs," the answer to the complaint states.
The defendant contends that the plaintiffs’ claims fail because the Salvation Army is not the proximate cause of damages, if any, allegedly suffered by the plaintiffs.
"Plaintiffs’ claims fail because the injuries and damages, if any, suffered by Plaintiffs were the result of the actions of some person or persons, other than Salvation Army, without authorization by Salvation Army," the answer states.
The Salvation Army wants the lawsuit to be dismissed with prejudice. It also wants the plaintiffs to pay the costs and expenses for the lawsuit.
Z.W. filed the lawsuit against The Salvation Army in Kanawha Circuit Court. It was then removed to U.S. District Court for the Southern District of West Virginia.
Z.W. claims she was physically dragged from the outdoor playground at the St. Albans Girls and Boys Club by two other youths who attended the summer care program in August 2018 and was forced to perform oral sex on one of the youths while the other held her in place.
Z.W. claims she was extremely distraught by the assault and was afraid to tell anyone, however, on her next visit to the summer care program, an employee of the program called her up in front of a room full of children and asked her about the incident, mortifying her.
The plaintiff claims she tried to explain that the male youths had forced her to and then she ran from the room. The St. Albans Boys and Girls Club contacted her guardians later that day and Z.W. then underwent a forensic evaluation after the police were contacted.
The Salvation Army stated that it would await the investigation by the West Virginia Department of Health and Human Resources prior to conducting an internal investigation, however, the plaintiffs' parents have never been contacted regarding the investigation., according to the suit.
Z.W. claims she was subjected to malicious public shaming regarding the sexual assault and was the topic of gossi[ and further humiliation when she returned to school in the fall of 2018.
The plaintiff's guardians claim the defendant failed to provide adequate supervision of the children on the playground.
Z.W. is seeking compensatory and punitive damages. She is represented by Christopher J. Heavens of Heavens Law Firm and James D. McQueen Jr. and Amanda J. Davis of McQueen Davis.
The Salvation Army is represented by Joseph L. Amos Jr. and Karen H. Miller of Miller & Amos-Attorneys at Law in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:19-cv-00699