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Torts
Sexual Assault
Negligent Hiring and Supervision

Confidential v. Biggs Unified School District, et al.

Published: Jul. 9, 2009 | Result Date: Jan. 31, 2009 |

Case number: 142038 Bench Decision –  $10,000

Court

Butte Superior


Attorneys

Plaintiff

Michael R. Barrette


Defendant

John P. Kelley
(Morgan & Kelley)


Facts

On Dec. 15, 2006, defendant Noel Gomez, a student at Biggs High School, exposed himself to a fellow student, plaintiff Jane Doe. On previous occasions, Gomez grabbed Doe's breasts, buttocks and vagina.

Doe filed suit against Gomez and the defendant Biggs Unified School District (BUSD).

Contentions

PLAINTIFF'S CONTENTIONS:

Specials in Evidence

$1,500 $15,000

Damages

Doe sought damages in the amount of $250,000 for emotional distress; $1,500 for past medical expenses; $15,000 for future medical expenses; $250,000 in punitive damages; and $250,000 in non-economic damages.

Injuries

Doe suffered injuries including sexual assault and emotional distress.

Result

The court found in favor of Doe in the amount of $10,921, which included damages and costs, as against defendant Gomez. BUSD was dismissed.


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