In Defense of Negligence

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In Defense of Negligence
Crystal J. Bolden
Professor Nekia S. Hackworth
Elmo Puppeteer Sued over Sexual Allegations
November 28, 2012

Relevant Facts in the case of Kevin Clash1
According to New York Daily News, November 2012 the voice behind the little red furry friend Elmo from “Sesame Street” is being sued by three different accusers for inappropriate sexual conduct towards under aged kids. The first accuser came fourth stating that he had sexual relations with Kevin Clash seven years ago when he was only 16 years of age, shortly after that another male by the name of Cecil Singleton has stepped forward stating he had phone sex with Kevin Clash in 1993 when he was only 15 years of age. The Baltimore Sun, November 2012, reports that a third victim has come forward stating that he too has had sexual rela- tions with Kevin Clash the voice of Elmo while under aged. The most recent accuser wishes to remain anonymous is being identified as “D.O.” states he spoke with Clash on a gay telephone chat line and several days later met up with the defendant in a New York apartment, where he was served alcoholic beverages and then seduce by Clash in a room full of stuffed puppets. The Baltimore Sun states that this is the third allegation in a two week time period. The third accuser stated he only came forward in hopes of supporting the first two accusers statements who were being challenged. Based on a recent statement made by Michael Berger who is the attorney of Kevin Clash the latest allegation is being denied and Clash’s reputation will strongly be defended. According to the Baltimore Sun the third accuser who they call D.O lived in Florida and had made several visits to Clash’s apartment as an adult during the years of 2003 and 2004. Clash’s attorney states that “the suit, which charges that Clash “trolled gay telephone chat line rooms to meet and have sex with under aged boys, seeks unspecified damages.” According to ABC news, the first accuser has come forth after causing two charges against Clash, now states he wants to withdraw his statement that he had sexual relations with Kevin Clash as a minor but instead as a consenting adult. The second accuser Cecil Singletary is suing Clash for $5 million.

2.
During all of this Kevin Clash has since resigned from his job as the voice of Elmo, stating the controversy surrounding his personal and private life has played a huge impact on his career making it difficult for him to perform his job duties and states he needs to focus on this matter in private. (www.abcnews.go.com).

Four Elements of Negligence
There are four main elements of negligence when it comes to pertaining to law. The first element that is normally recognized is the Duty of Care. In the cases surrounding the puppeteer Kevin Clash, I would say it is somewhat difficult to determine whether the defendant in these cases are liable for any negligence without reviewing the facts that the defendant had a big influence on a huge scale of fans which in this case are the children that admired and learned much from the furry little friend Mr. Clash portrayed so well. I suppose one would have to examine the civil liability act and the relevance of the case in this particular matter considering the facts, in my eyes it is a public wrong if these accusations are true. Kevin Clash has specific duties to entertain and teach, as well as, heighten supervision of any high risk activities. The cases against Clash indicates negligence on his behalf because he may have allowed the character of his job to influence the children to become victim of circumstances, additionally, Clash actions may have placed PBS, Sesame Street under risk of negligence because Clash should not be with 500 feet of any children and some judges even order sex offenders not to work around any children. (https:/records.txdps.state.tx.us). The Civil Liability Act...
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