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Personal Injury (Non-Vehicular)
Child Molestation
Negligent Hiring

Jane Doe v. Konwiser Corporation, et al.

Published: Apr. 1, 1995 | Result Date: Feb. 8, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 215321 –  $93,287

Judge

Charles D. Field

Court

Riverside Superior


Attorneys

Plaintiff

Michael D. Waks
(Law Office of Michael D. Waks)


Defendant

Marc W. Hawkins
(Law Offices of Marc W. Hawkins)


Experts

Plaintiff

Catherine Seymour
(medical)

Chris Holland
(technical)

Ricardo A. Martinez
(McNamara,Ney,Beatty,Slattery,Borges & Ambacher LLP) (medical)

Defendant

Veronica Thomas
(medical)

Michael Packard
(technical)

Facts

In 1990 Defendant Konwiser Corporation, owner/manager of approximately 1,800 residential units in the Inland Empire area, hired Defendant Michael Casados to be a maintenance/handyman in one of their family-oriented apartment complexes. Casados did not tell Defendant Konwiser that, in 1986, he had pled guilty to a felony child molestation charge. After hiring Casados, Konwiser gave him a set of master keys which would access all of the units in the complex. On February 5, 1991, Plaintiff 9-year-old female minor, missed her school bus and was home alone. Defendant Casados knocked on her door; and the Plaintiff opened it. Casados entered the unit and molested Plaintiff. The molestation consisted of touching Plaintiff's vaginal area and kissing her neck and back; the entire incident lasted approximately 10 seconds. Casados was arrested and pled guilty to molesting Plaintiff; he is presently serving his time at the State Penitentiary in Chino.

Settlement Discussions

Plaintiff contends she made a 998 demand in the amount of $29,999 and Defendants offered $5,000.

Specials in Evidence

$15,000

Injuries

Post traumatic stress disorder requiring counseling.

Other Information

A prior arbitration by Samuel Kahn, Esq., resulted in a Plaintiff's award of $85,000; trial de novo by Defendants. This case was filed on November 15, 1991; 3 years and 3 months before this result.

Deliberation

2 days

Poll

11-1

Length

5 days


#125550

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