Facts

Plaintiff John Doe, 6, brought suit against Five Acres in relation to allegations of sexual assault.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted eight causes of action arising out of four sexual assaults he suffered at the hands of an older and larger Five Acres resident. The perpetrator had a history of sexually predatory conduct, which should have disqualified him for placement at the facility. Nonetheless, Five Acres not only allowed the perpetrator into the group home but also failed to supervise him adequately.

DEFENDANT'S CONTENTIONS: Five Acres denied that the incidents occurred, and claimed that there was no forensic or medical evidence to support the allegations. Five Acres argued that it did not become aware of the attacks on plaintiff until a year after they took place. Five Acres further claimed that it complied with the regulatory requirements for child-to-staff ratios and that its supervision structure exceeded the standard in the industry. Defendant relied on the testimony of its overnight staff members (the assaults occurred overnight), each of whom denied that any such sexual assaults occurred. Finally, defendant challenged the minor plaintiff's veracity, positing that he had formulated a false memory of sexual attacks.

Injuries

Plaintiff claimed emotional distress, and loss of earning capacity.

Result

The jury found in favor of the plaintiff and awarded him $5,354,000, which included $354,000 for non-economic damages, and $5 million for negligence and breach of fiduciary duty. On the negligence claim, the jury apportioned 95 percent of the fault to Five Acres and 5 percent of the fault to the perpetrator.