The Boy Scouts filed a motion to dismiss the case in May, and again in August, after Abner’s attorney filed an amended complaint. Abner’s amended complaint alleges Woodard sexually abused him on Boy Scout-sponsored trips to Kings Island, Cedar Point and Grand Lake St. Mary’s State Park in Mercer and Auglaize counties in the mid- to late-1990s.
The BSA still maintains there is no jurisdiction in Warren County because the Boy Scouts organization is based out of Irving, Texas; the plaintiff is in Arizona and never lived in Ohio; and most of the alleged acts occurred in Abner’s home state of Indiana.
The motion to dismiss also claimed the non-profit corporation has no control over individual troops and thus cannot be held responsible.
Judge James Flannery issued his ruling this week, saying Abner’s attorney Konrad Kircher and his partners can proceed with the case because facts have been established that could support a claim of fraud.
“We find that our exercise of jurisdiction on BSA will not offend traditional notions of fair play and substantial justice,” Flannery wrote. “It will not be overly burdensome for BSA to defend this suit as the allegations establish that BSA has regular business dealings in Ohio.”
Kircher said they are “grateful for this opportunity and look forward to having the case decided on its merits.”
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