Defendants point fingers at each other in lawsuit answers

By Lynn Hotaling

In their responses to the suit filed Jan. 31 in Jackson County Superior Court by Sybil Smith of Cashiers, four of six defendants - the Jackson County Board of Education, former deputy and Blue Ridge School resource officer Robbie Hess, Blue Ridge Principal Lib Balcerek and Jackson County Sheriff Jim Cruzan - deny all charges and allege that if any harm was done to Smith's 14-year-old daughter it was done by one of their co-defendants.

In various defenses and cross claims included in their responses to Smith's lawsuit, all four maintain that responsibility for any harm to the girl, a Blue Ridge freshman at the time of the incidents alleged in the suit, should be attributed to one or more of the other defendants.

As one defense, all four also allege contributory negligence on the part of Smith's daughter, often referred to in the various responses as the "minor plaintiff."

Language from Hess's response, filed by attorney Benjamin Olinger of Asheville, is typical of the counter allegations of contributory negligence.

The minor plaintiff had a "duty to prevent harm, if any, to herself," according to court documents filed on Hess's behalf. If she suffered harm, she breached that duty and was "grossly contributorily negligent," states Hess's response.

Sheriff Cruzan's answer alleges the minor plaintiff was contributorily negligent and/or "grossly negligent" in "knowingly and willingly engaging in conduct alleged in the complaint," according to the response filed by attorney Jeff Bolster of Charlotte.

Defendant Joe Brooks, the former Blue Ridge athletic director currently serving a five-year jail term in connection with last spring's events at the K-12 school in southern Jackson County, also alleges contributory negligence on the part of Smith's daughter.

Brooks's response, prepared by Sylva attorney Eric Ridenour, alleges that Smith's daughter was negligent in that she engaged in a "course of conduct that grossly contributed to any injury or damages that she sustained."

In his response, Brooks maintains that since he has already been sentenced in connection with events at Blue Ridge, he could not be punished twice. Brooks has already been ordered to pay restitution for counseling for Smith's daughter.

Brooks's response further asserts his Fifth Amendment right not to reply to the allegations that refer to specific events at Blue Ridge School.

The only defendant named in Smith's lawsuit who has not alleged contributory negligence on the part of the minor plaintiff is former Blue Ridge athletic standout Jeremy Stewart.

Acting as his own counsel, Stewart filed a handwritten statement denying all the plaintiff's allegations. Stewart is also the only defendant who has not attempted to defend himself by making cross claims against either the plaintiff or his co-defendants.

Smith's civil lawsuit seeks a jury trial and asks for damages "in excess of $10,000" each from the defendants on a number of counts to compensate for her daughter's mental anguish, emotional distress, medical expenses and other suffering caused by the defendants' alleged negligence.

Smith's complaint stems from events that rocked the Blue Ridge School community this past June and resulted in criminal charges against Brooks, Hess and Stewart.

Brooks pleaded guilty in July to having sex with a student and facilitating students having sex with each other both at his home and in his office during school hours and was sentenced in November to five years in prison. He is presently incarcerated in Mountain View Correctional Institute, a medium-security state facility in Spruce Pine.

Hess, who was fired by Sheriff Cruzan, pleaded guilty in November to obstruction of justice for his role in assisting Brooks and received a suspended sentence.

Stewart, 18, was charged with statutory rape; Smith's daughter was listed in court papers as the alleged victim. All charges against Stewart were dismissed in November because the charges didn't fit the definition of statutory rape.

Smith's suit accuses school officials and Sheriff Cruzan of negligent supervision of their employees, Brooks and Hess, and with failing to protect Smith's daughter from harm while she was at school.

The lawsuit alleges that Brooks used his position as a teacher and coach to "encourage and promote a sexual relationship between Stewart and (Smith's) daughter" and that both Brooks and Hess "engaged in sexual or other misconduct involving female students" during school hours.

A March amendment to Smith's suit alleges that Sheriff Cruzan had prior knowledge that Hess had assaulted a minor and still placed Hess in a school setting, a charge he denies in his response to the amended complaint.

Brooks, who was one of Smith's daughter's teachers, is accused of causing emotional distress to the girl through invasion of privacy and negligent teaching.

Smith's suit also names Stewart and accuses him of sexual assault and battery against Smith's daughter. In addition, Stewart, Brooks and Hess are accused of "conspiracy to deprive (Smith's daughter) of her civil rights as a female" and intentional infliction of emotional distress. Hess is also accused of negligent performance of law enforcement duties.

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