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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