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Torts
Sexual Abuse
Negligent Supervision, Hiring and Retention

Jane B.M. Doe and Melba Martinez v. El Monte Union High School District; Angelita Gonzales Hernandez, and Does 1 to 10, inclusive

Published: Apr. 26, 2019 | Result Date: Mar. 7, 2019 | Filing Date: May 4, 2016 |

Case number: BC619299 Verdict –  $5,000,000

Judge

Gloria L. White-Brown

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Luis A. Carrillo
(Carrillo Law Firm LLP)

Michael S. Carrillo
(Carrillo Law Firm LLP)

Xena R. Mashburn
(Carrillo Law Firm LLP)


Defendant

Dana J. McCune
(McCune & Harber LLP)

Joseph W. Cheung
(McCune & Harber LLP)


Facts

Jane B.M. Doe filed suit against El Monte Union High School District for her sexual abuse when she was a minor at Arroyo High School by one of their teachers, Richard Daniels.

Contentions

PLAINTIFF'S CONTENTIONS: Doe contended that after Daniels was caught fondling students at Mountain View High School, which is within the El Monte Union High School District, in 2004. Daniels was convicted of battery and was transferred to Arroyo High School, which is also within the same district. Plaintiff contended that after being transferred to Arroyo High School, no additional supervision was placed on Daniels. Doe claimed that Daniels sexually abused her during her freshman and junior years of high school, which included him having sex with her on multiple occasions on campus at Arroyo. Daniels was later arrested, convicted, and sentenced to three years in state prison for lewd acts with a minor. Doe contended that the school district negligently retained and supervised Daniels even though they knew since 2004 when they caught him molesting girls.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Settlement Discussions

According to defense, plaintiff demanded $7 million and defendant made an offer of $3 million.

Result

The jury found in favor of Doe and found her damages amounted to $5 million of which the District will pay $2 million and Daniels is responsible for $3 million.


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