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
Negligence
Negligent Supervision and Retention

Roxanne Pedro v. Belmont-Redwood Shorses School District, Anne Campbell, Jeffrey Keuscher, Daniel Lyttle, Jayne Chelberg, and Does 1 through 50, inclusive

Published: Nov. 7, 2015 | Result Date: Sep. 21, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV527064 Settlement –  $1,350,000

Court

San Mateo Superior


Attorneys

Plaintiff

Ryan B. Erickson
(Lewis & Llewellyn LLP)

Paul T. Llewellyn
(Lewis & Llewellyn LLP)

Marc Lewis
(Lewis & Llewellyn LLP)


Defendant

Linda Lynch

John A. Shupe
(Lynch & Shupe LLP)


Facts

Roxanne Pedro sued the Belmont-Redwood Shores School District, Anne Campbell, Jeffrey Keuscher, Daniel Lyttle, and Jayne Chelberg, in connection with an alleged sexual abuse.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was allegedly sexually abused by a school janitor while she attended Ralston Middle School. Plaintiff, who was 12 at the time the alleged sexual abuse happened, alleged that the janitor, Andre Edwards, abused her during school hours inside his office. Plaintiff sued the school district and district officials, alleging causes of action for negligence, negligence per se, and negligence per se under California Penal Code Section 11166, negligent supervision and retention, negligent infliction of emotional distress, fraudulent concealment, negligent misrepresentation, intentional misrepresentation, and conspiracy to commit fraud. Plaintiff alleged defendants knew of the janitor's propensity to sexually abuse and harass young children prior to plaintiff's abuse, but did nothing about it, thereby allowing his abuse to continue. Plaintiff alleged Edwards continued to abuse others and remained in office until another female student reported his abuse in 2010. Only then was he forced to resign. Plaintiff alleged defendants ignored obvious "red flags" about Edwards' behaviors.

DEFENDANTS' CONTENTIONS:
Defendants denied liability and argued that plaintiff's claim failed because, among other things, she failed to present a claim of damages to the school district within the requisite time period as required by law.

Result

The parties reached a $1.35 million settlement shortly before trial was due to commence.

Other Information

FILING DATE: Feb. 26, 2014.


#110697

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

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