Doe v. Steven Fitzgerald

DOLLAR AMOUNT: $2.28 billion

CASE NAME: Doe v. Steven Fitzgerald

TYPE OF CASE: Negligence, sexual abuse and intentional infliction of emotional distress

COURT: Riverside County Superior Court

JUDGE(S): Judge Chad W. Firetag

PLAINTIFF LAWYERS: Dordick Law Corporation, Gary A. Dordick, Michelle J. Dordick, Taylor B. Dordick

DEFENSE LAWYERS: Saunders & Associates APC, Gary S. Saunders; Trépanier Tajima LLP, Lisa D. Trepanier; Larson LLP, Rick L. Richmond; Foley & Lardner LLP, Troy S. Tessem; Bohm Wildish & Matsen, LLP, James G. Bohm

By the time the lawsuit on behalf of a woman who had been sexually and physically assaulted by her stepfather for years, beginning when she was only 5, finally went before a jury, there were no defendants left.

Her mother and the Church of Jesus Christ of Latter-day Saints had settled out for $200,000 and $995,000, respectively. The stepfather, who had served about three years in prison for his crimes, withdrew his answer on the first day of trial and then never came to court.

Nevertheless, the now-adult woman's attorneys -- father and daughters Gary, Michelle and Taylor Dordick -- put on a full trial with lay and expert witnesses and closing argument.

"She really wanted to go to trial," Michelle Dordick said of their anonymous client. "She wanted her opportunity to tell her story to 12 jurors and have them decide. And as difficult as it was for her to share her story, she was very grateful that she had the opportunity to do that."

After three days of trial and about a half-day of deliberations in late April, the jury awarded the plaintiff nearly $2.8 billion against her stepfather, likely the largest child abuse award in history. Doe v. Steven Fitzgerald, CVRI2100419 (Riv. Super. Ct., filed Jan. 28, 2021).

Michelle A. Dordick

Defense attorneys for the stepfather and mother did not reply to a request to comment on the case. The church's lead attorney, Rick Richmond of Larson LLP, deferred to his client, who did not provide a comment.

The trial "was the first time that she ever felt that the system was working and helping," Taylor Dordick said of their client. "It was the first time that she was able to feel heard and understood and believed."

In the trial, the plaintiff said that she had reported her stepfather's abuse to church officials several times. "They threatened her not to go to the police," Taylor Dordick said. After meeting with her parents, church leaders told the girl, "all is well, hug and forgive. ... So [the abuse] went on."

Finally, in high school, she told a coach, and he told the police. The stepfather pleaded guilty to multiple counts of lewd acts on a minor, and he admitted the abuse in a deposition during the civil case.

Gary Dordick said the court issued a warrant for the stepfather to appear at trial, but once he struck his answer, the court lost jurisdiction.

The jury's award was more money than the attorneys had suggested, Michelle Dordick said, because the jurors "wanted to contribute something of their own to the verdict." And after the trial, they gave the plaintiff a standing ovation.

Taylor B. Dordick

They also explained how they calculated the damages. They put a dollar amount on each element of pain and suffering as listed in the jury instructions and then multiplied the total by every year of her expected life, Gary Dordick said. Then, they did the same for punitive damages.

The judgment is now in collection. "We understand the futility of collecting any significant amount, but that said, we intend to chase him every day for the rest of his life to get every penny we can for our client," Gary Dordick said.