Judge weighs whether Missouri-based Kanakuk defrauded abuse survivor's family
Lawsuit alleges
BY:
Missouri Independent
Yandell's attorney,
During a call in September of 2009, Martens said, the Yandell family asked White if he knew of other abuse allegations involving former Kanakuk camp director
The lawsuit also names
Gross asked if there was "correspondence of any kind" between the camp and ACE prior to White's phone call with the Yandells.
White testified that he did not speak to ACE before the alleged misstatement, said
"There is no evidence that ACE was aware of a fraudulent statement," he said.
Yandell's attorneys provided evidence of the company attempting to influence White months later when the camp drafted a letter to send to 8,000 families outlining what it knew about Newman.
ACE, in response, "strongly recommended not to send the letter" and sent a reservation of rights letter, which could exempt the company from covering related legal matters, Martens said.
So the email remained unreleased. This lawsuit has unearthed the draft and ACE's response to the camp, Martens said, and it "gives rise to the concealment and conspiracy."
Another matter Gross will have to consider is whether media reports of Newman's arrest could nullify the case under the statute of limitations for fraud.
In
Yandell's parents didn't have the responsibility to seek out the other court cases or media reports, Marten said, because of their close personal relationship with White. He said because their friend had "superior knowledge of the facts," they were exempt from ordinary standards of diligence.
Another survivor of Newman's abuse, in a deposition, told attorneys that he, White and Yandell discussed Newman's misconduct years ago, Wade said. Importantly, Yandell is the case's plaintiff — not his parents.
But Yandell's parents told attorneys their discovery of the allegations of abuse was in 2021, when a national news article labeled Kanakuk's situation the "worst
If Gross accepts that 2021 is the year of discovery, the case is still within the statute of limitations.
He told attorneys his goal is to submit his judgment "by the end of the year," though he had a large workload.
The case is set for trial in


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