Facts

The plaintiff is an autistic minor who when 11 years old was sexually molested on several occasions by the minor defendant who at the time was 14 years old. The acts of sexual molestations occurred at the minor defendant's parent's house including at the minor defendant's parent's walk-in closet.

The plaintiff, a male minor through his guardian ad litem, brought an action against another minor male, and his parents for negligence (against the minor defendant), negligent supervision (against minor defendant's parents), and premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the minor defendant's parents knew or should have known about the minor defendant's sexual propensity to molest other minors.

DEFENDANTS' CONTENTIONS:
The defendants contended that the minor defendant's parents did not have any information regarding their minor son's sexual tendencies prior to the incidents involving the minor plaintiff.

Settlement Discussions

The plaintiff's C.C.P. Section 998 offer in the amount of $100,000 to the minor defendant expired by operation of law. The plaintiff's C.C.P. Section 998 offer in the amount of $199,999 to the minor defendant's parents also expired by operation of law.

Injuries

The plaintiff suffered rectal bleeding, as well as emotional trauma and pain and suffering.

Result

The jury returned a verdict in favor of the minor plaintiff and against the minor defendant in the amount of $1 million.

Other Information

The defendants' motion for nonsuit was granted on the negligent supervision and the premises liability causes of action. The plaintiff's motion for directed verdict was granted on the negligence cause of action against the minor defendant. The case was then submitted to the jury on the issue of damages. FILING DATE: Aug. 1, 2006.

Deliberation

1.5 days

Length

four days