$1.3 million verdict to special ed student molested by another student. Los Angeles County.
Summary
Nine-year-old special ed student is sexually assaulted at after-school program run by LAUSD. School district admits negligent supervision, offers $225,000 per CCP 998.
The Case
- Case Name: S.G. v. Los Angeles Unified School District
- Court and Case Number: Los Angeles Superior Court/ PC050252
- Date of Verdict or Judgment: Tuesday, May 21, 2013
- Type of Case: Sexual Abuse
- Judge or Arbitrator(s): Hon. Norman P. Tarle
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Plaintiffs: S.G., a 9-year-old special education student
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Defendants: Los Angeles Unified School District
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,381,250
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Award as to each Defendant:
$731,250 against LAUSD, found 50% liable.
- Contributory/Comparative Negligence: 50% comparative liability against LAUSD.
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Economic Damages:
Future Therapy: $81,250
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Non-Economic Damages:
$1,300,000
- Trial or Arbitration Time: 10 days
- Jury Deliberation Time: 2 days
- Jury Polls: 12-0
The Attorneys
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Attorney for the Plaintiff: Taylor & Ring by David M. Ring and Louanne Masry, Los Angeles.
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Attorney for the Defendant: Ivie, McNeill & Wyatt by W. Keith Wyatt, Los Angeles.
The Experts
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Plaintiff’s Medical Experts: Brian Jacks, Ph.D., psychology, Beverly Hills.
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Defendant's Medical Experts: Stan Katz, Ph.D., psychology, Beverly Hills.
Facts and Background
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Facts and Background:
Plaintiff was a 9-year-old, female special education student. She was sexually assaulted by a 10-year-old male student on campus of their elementary school during the after-school program run by the LAUSD during the 2009-2010 school year.
LAUSD admitted fault for its negligent supervision before trial. The trial was solely to determine damages.
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Plaintiff's Contentions:
That she suffered serious emotional distress from the sexual assaults.
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Defendant's Contentions:
That plaintiff had done well with therapy and showed few signs that the incidents were still affecting her at the time of trial (3 years post-incident).
Injuries and Other Damages
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Emotional distress.
Special Damages
- Special Damages Claimed - Past Medical: $6,000 for past therapy (waived)
- Special Damages Claimed - Future Medical: $81,250 for future therapy
Demands and Offers
- Plaintiff §998 Demand: $1,750,000.
- Plaintiff Demand during Trial: $525,000.
- Defendant §998 Offer: $225,000.
- Defendant Offer during Trial: $250,000.