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Torts
Molestation
Emotional Distress

Confidential v. Wyatt Franklin Nance and Beverly Nance

Published: Sep. 6, 1997 | Result Date: Apr. 22, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 74042 Verdict –  $335,000

Judge

Conrad L. Cox

Court

Mendocino Superior


Attorneys

Plaintiff

Donald L. Kocalis

C.W.H. "Kip" Solinsky


Defendant

Mike Ewing

James C. Rainie


Experts

Plaintiff

John Brandes
(medical)

Ronald McKinzey
(medical)

Martin Blender
(medical)

Facts

For several months in 1993 and early 1994, the plaintiff, a 9-year-old girl, was fondled by her grandfather, defendant Wyatt Nance, in her grandmother's home over a period of months. There was no penetration or copulation. Eventually, the plaintiff granddaughter reported it and the defendant grandfather was charged and pled to one count of child molestation. The plaintiff brought this action against the defendants based on intentional and negligent tort as well as emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $300,000. The defendants made a C.C.P. º998 offer of compromise for $40,000.

Specials in Evidence

$1,000 $125,000 (disputed)

Injuries

The plaintiff claimed emotional distress and future problems. She asked the jury for $400,000 to $600,000.

Other Information

The verdict was reached approximately one year and two months after the case was filed. A settlement conference was held on March 18, 1997 before Eric Labowitz of Mendocino Consolidated Courts resulting in a recommendation by the judge of a value between $50,000 and $75,000.

Deliberation

1½ days

Poll

____ -____ (# pls.)

Length

8 days


#109793

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