Male student sexually assaulted by another male student awarded $1.4 million against Boys and Girls Club. Orange County.
After a one-time incident of minor-on-minor sexual assault, Boys & Girls Club offers $60,000 but jury awards much more.
- Case Name: S.E. v. Boys & Girl sClub of Huntington Valley
- Court and Case Number: Orange County Superior Court / #30-2011-00534209
- Date of Verdict or Judgment: Monday, December 09, 2013
- Type of Action: Negligence, Sexual Abuse
- Judge or Arbitrator(s): Hon. James J. DiCesare
- Plaintiffs: S.E., male student, age 8 at time of incident, 19 at time of trial.
- Defendants: Boys & Girls Club of Huntington Valley
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,412,500
- Economic Damages:
Past therapy: $0
Future therapy: $12,500
- Non-Economic Damages:
$1.4 million for past and future emotional distress.
- Trial or Arbitration Time: 15 days
- Jury Deliberation Time: 3 hours
- Jury Polls: 12-0
- Attorney for the Plaintiff: Taylor & Ring by David M. Ring and Louanne Masry, Los Angeles.
- Attorney for the Defendant: Stone & Hiles LLP by John Walker II and Jason Kirkpatrick, Encino.
- Plaintiff’s Medical Experts: Clark Clipson, Ph. D., psychology, San Diego.
- Defendant's Medical Experts: Stan Katz, Ph. D., psychology, Beverly Hills.
- Plaintiff's Technical Experts: None
- Defendant's Technical Experts: None
Facts and Background
- Facts and Background:
In the summer of 2003, plaintiff (then age 8) was sexually assaulted in the bathroom of the Fountain Valley branch of the Boys and Girls Club. Plaintiff claimed a one-time incident involving another boy (age 10 at the time). Plaintiff did not report the incident until 2011, at age 16, when he told his father and then reported it to police.
- Plaintiff's Contentions:
That the Boys and Girls Club staff were negligent in their supervision of the restroom. That there had been a previous sexual assault in the restroom three years earlier.
- Defendant's Contentions:
That its supervision was adequate and reasonable and that it had in fact heightened the level of supervision over the restroom in reponse to the previous sexual assault.
Injuries and Other Damages
Severe emotional distress; symptoms of PTSD; depression.
- Special Damages Claimed - Past Medical: None
- Special Damages Claimed - Future Medical: $38,000 for future therapy
Demands and Offers
- Plaintiff §998 Demand: None
- Defendant §998 Offer: $60,000