Diane Dueck, as Guardian ad Litem for Tiffany Dueck v. Sanger Unified School District, Lisa Maglic, Jennifer Johnstone, Tracy Terzian
Published: Nov. 5, 2005 | Result Date: Sep. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04CECG0057DSB Verdict – $110,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
David D. Doyle
(Doyle & Fortune, Attorneys at Law)
Defendant
Robert J. Rosati
(ERISA Law Center)
Facts
In 2002, plaintiff Tiffany Dueck, 14, was a freshman, attending Sanger High School. She was also a member of
the girls' soccer team. Tiffany planned to attend an overnight tournament in Bakersfield. However, she had
concerns about staying at a hotel after learning that the upperclassmen had a tradition of hazing their freshmen
teammates. After learning that she was going to be hazed, Tiffany asked her grandmother to accompany her to
the December tournament and stay with her at the hotel, despite the fact that coaches Lisa Maglic and Jennifer
Johnstone were going to be present as chaperones.
On Dec. 22, 2002 at about 11 p.m., Maglic came into Tiffany's hotel room and asked her to take her bag and go
to the coaches' room because bags were being checked for alcohol. After leaving from the short visit to the
coaches' room, Tiffany was promptly pounced on by her teammates who brought her to the ground and, using
duct tape, bound her hands and feet and covered her mouth. During this struggle, the coachesÆ door was still
open.
While the teammates were dragging her down the hallway, Maglic came with scissors in her hand and cut the
tape off her. Tiffany and her parents reported this incident to school officials, but neither students nor coaches
were disciplined.
Tiffany sued Sanger Unified School District, through her mother, Diane Duek, for negligently training and
supervising their coaches, who allowed the hazing to take place. In addition, Tiffany sued Maglic; Johnstone;
and the athletic director, Tracy Terzian, who were later dismissed before trial.
Settlement Discussions
The defendants offered $10,000.
Damages
The plaintiff claimed no economic damages and asked the jury for an unspecified amount for non-economic damages.
Injuries
Emotional distress.
Result
The jury returned a verdict for the plaintiff. The jury found the district negligent in its supervision, but not in its training of the coaches. Specifically, the jurors apportioned fault to the school district at 80 percent, the teammates at 15 percent and plaintiff's parents at five. As a result, the jury awarded the plaintiff $110,000, resulting in a net award of $88,000.
Deliberation
six hours
Length
11 days
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