This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Sexual Abuse
Negligent Supervision

Wright v. YMCA of Metropolitan Los Angeles

Published: Nov. 15, 2001 | Result Date: Aug. 3, 2001 | Filing Date: Jan. 1, 1900 |

Case number: PC022308X Verdict –  $0

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Artemio M. Santiago

David A. Jones


Defendant

Dana J. McCune
(McCune & Harber LLP)

Kathy Gandara

Daniel Chaleff


Facts

The plaintiff, a 3-year 10-month old preschool student at a YMCA facility alleged that he was
sexually touched and abused by a four-year-old boy who was himself the victim of previous
molestation by a family member. The plaintiff and his parents sued the YMCA of Metropolitan
Los Angeles, and its individual employees, on 11 causes of action, ranging from negligence to
intentional torts. The alleged incident took place on Sep. 24, 1997. Three weeks prior to that
date, the alleged perpetrator had been engaged in a similar activity with another boy at the same
day care facility. The plaintiffsÆ parents maintained that the YMCA was negligently supervised
and that it had failed to report to the plaintiffÆs parents both the prior incident and the Sep. 24
incident involving their child.

Settlement Discussions

Hon. Gabriel Gutierrez, a private mediator, previously mediated this case. The plaintiffs made a demand of $850,000; the defendants submitted an offer of $75,000.

Deliberation

45 minutes

Poll

12-0

Length

eight days


#110141

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390