A trial seems imminent in Sarah Ehekircher‘s case against USA Swimming, Scott MacFarland, and others after the defendant’s motions to dismiss were denied in Colorado District Court on Tuesday.
Ehekircher filed a civil suit against USA Swimming, MacFarland, Colorado Swimming, the Mission Aurora Colorado Swim Team (MACS) and the Cherry Creek School District last year, alleging that MacFarland sexually abused her when he was her coach in the 1980s and the other parties “actively abused and/or failed to act to protect Sarah.”
The Cherry Creek School District is no longer listed as a defendant in the case.
Ehekircher asserts that USA Swimming and Colorado Swimming’s culture enabled “her sexual abuse and those of other young athletes” and their failure to take action “allowed the inappropriate relationship to commence and continue with knowledge among those in USA Swimming and Colorado Swimming social circles.”
The lawsuit also says that USA Swimming has “allegedly sought to discredit her and stymied her efforts to shed light on the truth by providing inaccurate information to law enforcement and withholding evidence of meet results and transcripts from her and US Center for Safe Sport.”
“The abuse and USA Swimming’s actions or inactions have allegedly caused Plaintiff “extreme emotional distress,” which has led to three suicide attempts and hospitalization for depression.”
It’s important to note that, although the case was filed in Colorado District Court, since the alleged events took place in California, California law is applied.
Ehekircher had five claims against the four other parties on the books coming into last week:
- Sexual battery against MacFarland
- Negligence against USA Swimming and Colorado Swimming
- Negligence against MACS
- Intentional infliction of emotional distress (IIED) against all four
- Negligent infliction of emotional distress (NIED) against all four
The defendants sought dismissal of #1, 3, 4 and 5, all but the negligence claim against USA Swimming and Colorado Swimming.
Magistrate Judge Kathryn Starnella denied the motions to dismiss claims #1, 3 and 4.
Claim #5 was dismissed with prejudice because in California law, there aren’t independent torts for negligence. So in this case, #4 and #5 are lumped into the same claim, resulting in the NIED claim being dismissed.
It’s notable that, under Colorado law, there are independent torts for negligence and IIED and NIED claims can be filed separately.
USA Swimming, MacFarland, Colorado Swimming and MACS have two weeks (as of August 27) to file objections to the Judge’s recommendations.
Whom is plaintiff’s counsel?
Annemarie C Alonso and Jon Little.