Adoptive father sexually abuses girl. $750K. Fresno County.
Daughter is abused from age 7 to 17 by her adoptive father.
- Case Name: Doe Daughter v. Doe Adoptive Father
- Court and Case Number: Fresno Superior Court / 18CECG00793
- Date of Verdict or Judgment: Wednesday, September 11, 2019
- Date Action was Filed: Tuesday, March 06, 2018
- Type of Action: Intentional Infliction of Emotional Distress, Invasion of Privacy, Sexual Abuse, Sexual Battery
- Judge or Arbitrator(s): Hon. Rosemary McGuire
- Plaintiffs: Doe Daughter
- Defendants: Doe Adoptive Father
- Type of Result: Jury Verdict
- Gross Verdict or Award: $750,000
- Non-Economic Damages:
- Punitive Damages:
- Trial or Arbitration Time: 6 days.
- Jury Deliberation Time: 1 day, 1 hour.
- Jury Polls: 11-1
- Attorney for the Plaintiff:
Wild, Carter & Tipton by Monrae L. English, Fresno.
- Attorney for the Defendant:
Yarra, Kharazi and Clason by H. Ty Kharazi, Fresno.
Facts and Background
- Facts and Background:
Plaintiff was adopted by defendant and his (then) wife when she was six years old. Defendant began molesting plaintiff one year later. At this age, defendant began to “playfully wrestle with her.” The same year, defendant began asking plaintiff to kiss him and began to fondle her.
The conduct continued over the years and escalated to defendant forcing plaintiff to watch pornography and perform sexual acts.The sexual molestation continued until plaintiff was seventeen. At this age, plaintiff finally shared the abuse and defendant was arrested after confessing. Defendant pled guilty to ongoing sexual abuse of a child and was sentenced to 12 years in prison.
- Plaintiff's Contentions:
Plaintiff’s causes of action included battery, assault, invasion of privacy and intentional infliction of emotional distress. Plaintiff testified that as a young child and teen, she felt confused, uncomfortable and helpless in that her abuser was her adoptive father.
Plaintiff explained that she suffers from body image issues, had an eating disorder and suffers from depression as a result of the sexual abuse and related claims. Plaintiff testified that she is terrified of the day that defendant will get out of prison as she believes he will attempt to contact her as he has done in the past.
Plaintiff contended that the fall out from the abuse resulted in the breakup of her family and that she feels responsible, and that as a result of her finally coming forward, she suffers grief as her relationships with her adoptive mother and brother have been damaged.
Plaintiff further contended that she is known as “that girl” in the community – the one who was molested by her dad and that she experiences people whispering about her or showing her pity. Plaintiff also contended that even though defendant was in prison, she feels his power over her every single day.
- Defendant's Contentions:
Defendant disputed the nature and extent of plaintiff’s damages. In essence, defendant alleged that plaintiff had not suffered tremendously as a result of his admitted abuse.
Injuries and Other Damages
Past emotional distress; future emotional distress.
- Special Damages Claimed - Past Medical: 0
- Special Damages Claimed - Future Medical: 0
- Special Damages Claimed - Past Lost Earnings: 0
- Special Damages Claimed - Future Lost Earnings: 0
Demands and Offers
- Defendant §998 Offer: $101,000
- Defendant Offer during Trial: $50,000