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Blank Rome Secures Multimillion Dollar Settlement for Victim of Childhood Sexual Abuse in Carter vs. Estate of Lewis, et al.

After four years of legal battles, Plaintiff Brian Carter, 28, a victim of childhood sexual abuse at the hands of Reverend George B. Lewis, Jr. from 1994-1999, has received a multimillion dollar settlement.  The settlement was approved by the Hon. Peter G. Sheridan, U.S.D.J., United States District Court for the District of New Jersey, who previously denied the Defendants’ motions for summary judgment in Carter v. Estate of Lewis, et al., Civil Action No. 08-1301 (PGS) (TJB).

Following Mr. Carter’s adoptive parents’ untimely death in 1994 (when he was 9 years old), Rev. Lewis, an ordained minister of the AME Zion Church, took legal custody of Mr. Carter.  The New Jersey Division of Youth and Family Services (DYFS) provided Rev. Lewis with an adoption subsidy and supervised the living arrangement.  During the next five years, Mr. Carter was sexually abused hundreds of times by Rev. Lewis, who told Mr. Carter that it was “for the soul.”  Rev. Lewis died in 2000.

In January 2008, Mr. Carter, who was classified as neurologically impaired as early as age 8, filed a pro se complaint in federal court, alleging that DYFS, the Shrewsbury Avenue AME Zion Church, and its Head Pastor failed to protect him from Rev. Lewis’s sexual abuse.  In 2009, the Court dismissed all of Mr. Carter’s claims, with the exception of his claims against the defaulted and insolvent “Estate of Rev. Lewis,” and appointed Blank Rome LLP as pro bono counsel to represent Mr. Carter at a single proof hearing against the defunct entity. 

After reviewing Mr. Carter’s pro se pleadings, the Blank Rome team, led by Stephen M. Orlofsky, Jonathan M. Korn, and Andrew J. Hughes, successfully moved to amend Mr. Carter’s complaint and re-plead a 42 U.S.C. § 1983 claim against four former DYFS employees, and negligence, battery, and intentional infliction of emotional distress claims against the Shrewsbury Avenue AME Zion Church, its Head Pastor, and the AME Zion Church of America. 

Specifically, Mr. Carter alleged in his amended complaint that:  (1) the AME Zion Church of America quietly transferred Rev. Lewis to New Jersey from the Virgin Islands in the 1990s after receiving allegations that he had molested children; (2) the former DYFS employees failed to remove Mr. Carter from Rev. Lewis’s custody, even after receiving multiple complaints that Rev. Lewis was a pedophile and confirming that Rev. Lewis had molested another young boy; and (3) the Shrewsbury Avenue AME Zion Church failed to notify authorities after receiving molestation complaints from parents, and allowed Rev. Lewis to serve in various capacities within the Church without performing any background check.

“When we met Brian in 2009, he was homeless and frequently slept in train stations,” stated Blank Rome Partner Stephen Orlofsky. “He was severely injured from the years of sexual abuse and felt that he never had an opportunity to obtain closure on the horrible events in his life.  We were determined to seek justice for him.” 

The Blank Rome team litigated the case intensely for more than three years, taking approximately 25 depositions, retaining four experts, and interviewing witnesses from all over the country.  The Defendants moved for summary judgment in September 2012, asserting that Mr. Carter’s claims were time-barred and otherwise failed as a matter of law.  At that time, the Court conducted a two-day plenary hearing on the statute of limitations issue, hearing expert testimony from psychiatrists on the psychological injuries that Mr. Carter sustained as a result of the abuse. 

On December 7, 2012, the Hon. Peter G. Sheridan denied the Defendants’ motions for summary judgment, ruling that Mr. Carter’s statute of limitations had been tolled based on his mental condition and that Mr. Carter had adduced sufficient evidence to prevail at trial on all his claims.

On the eve of trial, Mr. Carter settled his claims against the Defendants for $2,235,000.

“We are pleased that we were able to negotiate this favorable settlement on Brian’s behalf and that the Court approved the settlement.  The funds that Brian will receive from this lawsuit will be placed in a trust in the hopes that he will have a steady income stream for life,” Mr. Orlofsky declared.  “Brian plans to move forward and obtain stable housing, pursue an education, and work with underprivileged children and abuse victims.”