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Torts
Sexual Abuse
Mandatory Duty to Report Suspect Child Abuse

Jane Doe v. San Diego Unified School District, John Lee

Published: Aug. 29, 2009 | Result Date: Jun. 22, 2009 | Filing Date: Jan. 1, 1900 |

Verdict –  $1,250,000

Court

San Diego Superior


Attorneys

Plaintiff

James S. Iagmin
(James S. Iagmin, Attorney at Law)

John H. Gomez
(Gomez Trial Attorneys)


Defendant

Steven J. Cologne
(Higgs, Fletcher & Mack LLP)


Facts

John Lee was a former teacher at the San Diego School for Creative and Performing Arts. While a teacher, he engaged in a three-year sexual relationship with plaintiff student beginning when she was 16 years old. The relationship ended in 2006 after plaintiff had graduated high school and was attending college. The plaintiff brought an action against Lee and the San Diego Unified School District alleging sexual battery, negligent supervision, and failure to report child abuse pursuant to the Child Abuse Protection Report Act. The court summarily adjudicated the negligent supervision claim in favor of the school district before trial.

Lee settled with plaintiff for $40,000 prior to trial.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that school employees had a reasonable suspicion that Lee and plaintiff were engaging in an inappropriate sexual relationship but failed to report the situation as required by the penal code. Plaintiff claimed that school staff had seen Lee and plaintiff acting inappropriately on several occasions, and had discussed their suspicions amongst themselves.

DEFENDANT'S CONTENTIONS:
The school district contended that school officials did not have a suspicion that the sexual relationship existed, and that Lee and plaintiff were effective in keeping the affair a secret.

Damages

Plaintiff requested $2.25 million from the jury.

Injuries

Plaintiff claimed emotional distress. She claimed that she would require substantial therapy to heal from the disruptive relationship. The defense argued that plaintiff was doing well as she was a straight-A student at the University of California, Berkeley.

Result

The jury found the school district was 40 percent liable and Lee was 60 percent. Plaintiff was awarded $1.25 million, which will be reduced.

Other Information

Lee was convicted and sentenced to 16 months in prison for sex with a minor.

Deliberation

two days

Length

eight days


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