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CONFIDENTIAL

Jan. 18, 1997

Personal Injury (Non-Vehicular)
School Incident
Sexual Molestation

Confidential

Settlement –  $1,925,000

Judge

Holiday Walsh

Court

USDC Northern


Attorneys

Plaintiff

Susan J. Jordan

Emily Doskow

Leslie F. Levy


Defendant

- CONFIDENTIAL


Experts

Plaintiff

Carolyn Block
(medical)

Lynn E. Ponton
(medical)

Robert Shoop
(medical)

Shirley Reece
(technical)

Facts

Between 1984 and 1993, the defendant fourth-grade teacher allegedly molested multiple female students ranging from ages seven to 12, over a 10-year period. The plaintiffs claimed that the molestations included physical touching of their breasts and vaginal areas inside and outside their clothing and masturbation by the teacher while the students sat on his lap. In one instance, the abuse allegedly escalated to attempted rape and oral copulation. The plaintiffs brought this action against the teacher and the school district based on violations of Title IX, Government Code º815.6, Education Code º212 et seq., 42 USC 1983, sexual battery, negligence, breach of fiduciary duty and numerous tort causes of action.

Settlement Discussions

The settlement amounts ranged from $60,000 to $400,000.

Damages

Psychotherapy bills ranged from as little as $300 to as much as $40,000 with the average being between $1,000 to $2,500. The plaintiffs suffered from post-traumatic stress disorder to varying degrees, depression and anxiety disorders. The girls also has severe loss of self esteem and several engaged in self-destructive behavior.

Other Information

The settlement was reached approximately one year and six months after the case was filed. MEDIATION: Multiple mediation sessions were held between February 1996 and May 1996 before Holiday Walsh resulting in the reported settlement. The declaratory relief action by the district and multiple insurers is still pending.


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