Facts

In 2003, 8-year-old S.E. was at the Boys & Girls Club of Huntington Valley, when a 10-year-old boy sexually abused him in the bathroom. S.E. reported the incident eight years later. He sued the Boys & Girls Club.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged defendant's supervision at the facility was negligent, given that another sexual assault occurred in the same location in 2000, but defendant did not take steps to increase supervision.

DEFENDANT'S CONTENTIONS:
Defendant argued that after the incident in 2000, it increased its supervision. In addition, defendant claimed there was no way to stop the assault from happening to plaintiff, noting that the incident took place over a matter of minutes.

Settlement Discussions

The Boys & Girls Club offered $60,000 according to CCP Section 998.

Damages

Plaintiff asked for $38,000 to pay for the cost of therapy in the future.

Injuries

S.E. suffered from signs of posttraumatic stress disorder and emotional distress.

Result

The jury awarded S.E. $1,412,500, which included $12,500 for the future cost of therapy, $825,000 for past emotional distress and $575,000 for future emotional distress. The jury apportioned 65 percent of the liability to the Club and 35 percent to the perpetrator.

Other Information

Defendant intends to file an appeal. FILING DATE: Jan. 1, 2011.

Deliberation

three hours

Poll

12-0

Length

12 days