DATE LOCATION PUBLIC DOCUMENT QUOTES
plaintiff and Curlew to occur, or that they should have known it likely to occur, or that it could
be viewed as extreme and outrageous. While this court neither questions nor seeks to
minimize the traumatizing effect of the incident on the plaintiff, our analysis must be
confined to the undisputed facts in the record in the context of the elements of this cause of
action. We must conclude that the defendants' actions do not constitute intentional infliction
of emotional distress as matter of law. Sena v. Commonwealth, 417 Mass. 250, 264, 629
N.E.2d 986 (1994) , quoting from Agis, supra at 145, 355 N.E.2d 315 (only conduct that
transcends all “bounds of decency and ... [and is] utterly intolerable in a civilized
community” will rise to the level of extreme and outrageous conduct). *4 3. Civil conspiracy.
The crux of the plaintiff's claim of civil conspiracy against COP is that the defendants waited
sixteen days before reporting the incident to civil authorities and in the interim proceeded to
seek legal and medical consultations. While this conduct may or may not have conformed to
legal requirements for mandated reporters, G.L. c. 119, § 51A , any inference that this
course of action was part of an unlawful collusion to avoid law enforcement is speculation
and contrary to the right, recognized by the judge below, of an individual to consult a lawyer
prior to speaking with police, without such action used as evidence of a conspiracy. See
Kurker v. Hill, 44 Mass.App.Ct. 184, 189, 689 N.E.2d 833 (1998) .
4. Actions against Norman, Hobbs, and Fortheringham for gross negligence. A claim of
gross negligence requires “an act or omission respecting legal duty of an aggravated
character as distinguished from a mere failure to exercise ordinary care.” Zavras v.
Capeway Rovers Motorcycle Club, Inc., 44 Mass.App.Ct. 17, 20 n. 4, 687 N.E.2d 1263
(1997) , quoting from Altman v. Aronson, 231 Mass. 588, 591–592, 121 N.E. 505 (1919) (it
“is substantially and appreciably higher in magnitude than ordinary negligence”). Upon this
record, it is undisputed that at no time during their terms as volunteer clergymen or mission
presidents did any of these three defendants learn that Curlew had a history of sexual
assault. First and foremost, Norman served as president of the Manchester, New
Hampshire mission from July, 1992, to July, 1995, ending his tenure four months prior to
Curlew formally joining the church. Norman further testified without contradiction that he did
not interview nor become familiar with Curlew in any capacity. With regard to the
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