Facts

Jane Smith, a minor, by and through her guardian ad litem, Jeanette J., and Jeanette J. and Alan J., individually, filed suit against Lyle Burgess in relation to a 2016 incident involving Burgess and Smith in a cabin Burgess owned in Calaveras County. In a prior criminal proceeding related to the incident, Burgess pleaded no contest, did not admit guilt, was sentenced to 90 days of home detention, and was not required to register as a sex offender.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Burgess inappropriately touched Smith in 2016 at his cabin in Calaveras County, and his touching of Smith constituted molestation. Plaintiffs claimed that they had known Burgess for decades, and Jeanette alleged that she saw Burgess fondle her daughter twice while they were visiting the cabin. Plaintiffs alleged that Burgess admitted to touching Smith.

DEFENDANT'S CONTENTIONS: Burgess alleged that he did not inappropriately touch or molest Smith, and plaintiffs were bringing the lawsuit against him in a wrongful pursuit of money. Burgess presented evidence that Smith denied the alleged molestation when she first spoke with law enforcement.

Settlement Discussions

DEMAND: $9 million OFFER: $250,000 (CCP Section 998)

Damages

Plaintiffs sought recovery of Smith's future medical costs and future lost earnings, along with damages for Smith's past and future physical and emotional pain and suffering.

Injuries

Plaintiffs contended Smith suffered severe emotional distress as a result of molestation and would require counseling for life.

Result

The jury rendered a defense verdict.

Other Information

Plaintiffs also engaged in exhaustive pre-trial discovery of defendant's financial condition for purposes of punitive damages.

Deliberation

90 minutes

Poll

11-1 (one abstention)

Length

7 weeks