Machado, et al. v. Illo, Diocese of Stockton
Published: Jun. 14, 2005 | Result Date: Mar. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: CV018440 Verdict – $20,000
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Vladimir F. Kozina
(Mayall Hurley PC)
Experts
Plaintiff
Richard Sipe
(technical)
Sonnee D. Weedn
(medical)
Facts
Two minor plaintiffs alleged that a Catholic priest committed sexual battery against them during a visit to their home in July of 2001. The plaintiffs further alleged that the priest and the pastor of the church committed acts of intentional infliction of emotional distress against one of the plaintiffs when she purportedly reported the incident to the pastor during a meeting on Sep. 11, 2001. The plaintiffs further alleged that the defendant priests formed a conspiracy to cover-up the allegations and that they also defamed the plaintiff mother in retaliation for the claims made by her daughters.
Settlement Discussions
The plaintiffs initially demanded $1 million, reduced to $925,000 prior to trial with an indication that they would accept $600,000. The defense offered a total of $100,000 divided among the three plaintiffs by way of C.C.P. Section 998.
Injuries
Emotional distress and psychological injuries.
Result
Defense verdict as to sexual battery, battery, intentional infliction of emotional distress and defamation claims. The jury awarded $20,000 to one of the minors for negligent infliction of emotional distress arising from the event when she went to the pastor to report the incident. The damages were apportioned 60 percent to the defendant pastor and 40 percent to the associate pastor. According to the plaintiff: The Diocese of Stockton, Bishop Steven Blaire and Monsignor Richard Ryan were held to be responsible for the acts of both priests. According to the defendant: The Diocese of Stockton and other defendants were defensed.
Other Information
According to the plaintiff: The verdict was for medical expenses only or what amounts to two years of psychotherapy at $160 per session.
Deliberation
two days
Length
four weeks
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