Estey says his goal in representing survivors of child sex abuse is "to put the shame back where it belongs."
He has accomplished that through securing multimillion-dollar verdicts and settlements on behalf of clients who have sued educational and other institutions statewide.
Estey helped extract a $15 million settlement from the Evergreen Elementary School District in 2015 in a case involving a second grade teacher's molestation of students.
The deal was struck about a week into the trial of a suit featuring allegations that the San Jose-based district turned a blind eye to years of sexual abuse by former teacher Craig Chandler. Doe vs. Evergreen Elementary School District, 112CV235257 (Santa Clara Super Ct., filed Nov. 1, 2012).
Estey also helped win a $6.5 million verdict against Pacific Health Systems in 2014 on behalf of two boys who were abused by a volunteer associated with the San Diego-area outpatient facility for substance abuse treatment. Doe v. Pacific Health Systems LP et al., 00092552 (San Diego Super. Ct., filed June 8, 2011).
"The only way you effect change in this area is by hitting them in the pocketbook," Estey said.
A $30 million verdict Estey secured in 2010 remains the state's largest single-plaintiff verdict in a child sex abuse case, he said.
The case involved a boy in Northern California who was sexually abused while in foster care. The Giarretto Institute failed to properly monitor and investigate the home of the abuser, John Hardy Jackson. Doe v. Eastfield Ming Quong Inc., 106CV070642 (Santa Clara Super. Ct. Aug. 4, 2010).
Estey said verdicts like that can help bring about reforms not just at one foster care company or school, but industry-wide to ensure warning signs of abuse are not missed.
The Eastfield Ming Quong case also resulted in Estey receiving calls to take on similar lawsuits, and he has specialized in the area since.
He attributed his success to having a great team at Estey & Bomberger in San Diego.
For example, the firm has an attorney/psychologist that helps prepare witnesses to give testimony about incidents that are often too traumatizing to recount.
"Survivors are sometimes hesitant to disclose or give all the details, so you have to let them go at their own pace and develop a rapport with them," Estey said.
One of his most recent cases was filed against the United States Olympic Committee and USA Taekwondo for their alleged failure to investigate a coach accused of sex abuse by several athletes. Gatt et al. v. USA Taekwondo et al., BC599321 (L.A. Super. Ct., filed Oct. 29, 2015).
A key issue in the case is whether the USOC owes a duty to its athletes to protect them from sexual abuse by coaches, Estey said.
While that issue was decided in favor of the defendants by the trial court, the plaintiffs have appealed.
— Lyle Moran
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