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CONFIDENTIAL

Jan. 4, 2005

Torts
Sexual Assault
Negligent Hiring and Supervision

Confidential

Settlement –  $255,000

Court

L.A. Superior


Attorneys

Plaintiff

David M. Ring M.D.
(Taylor & Ring)

Robert S. Ross
(Ross Law)


Experts

Plaintiff

Eleanor Kenney
(medical)

Anthony E. Reading Ph.D.
(medical)

Marcia Haight
(technical)

Bernard Cane
(technical)

Defendant

James F. Broder
(technical)

Sinclair E. Hugh
(technical)

David J. Paster
(medical)

Facts

The plaintiff, an adult female and a recovering alcoholic, was allegedly sexually assaulted by an adult male nurse who worked at the substance abuse recovery center owned and operated by the defendant hospital and the defendant recovery center. The plaintiff claimed that she called the recovery center seeking admission while admittedly drunk, but was duped into allowing the male nurse to pick her up at her home under the pretense that he would take her to the center for admission. Instead, he took her to various places, where she continued drinking. Ultimately, he took her to a motel where she claimed she was sexually assaulted by him. The male nurse pled guilty to sexual assault and spent time in jail. The plaintiff brought suit against the hospital, the recovery center and the background check company hired by the hospital to do criminal background checks of nursing applicants.

Settlement Discussions

The case settled at $255,000. WHAT WERE THE OFFERS AND DEMANDS PRIOR TO SETTLEMENT?

Specials in Evidence

$10,000 (therapy)

Injuries

Post-traumatic stress disorder and severe emotional distress.

Result

The case was resolved after a mediation before Troy Roe.

Other Information

PLEASE PROVIDE THE EXPERTISE, CITY OF LOCALE OF EXPERTS THOMAS HENESSEY, MARGARET HERMAN, RAPHAEL JORGE.


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