Facts

A 12-year-old Jane Doe sued Stockton Swim Club, USA Swimming Inc., which nationally governs the sport of swimming, Pacific Swimming, and her coach, Shunichi Fujishima, alleging Fujishima sexually assaulted her.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants did not supervise their coaches and swimmers properly. Plaintiff further contended that defendants' coaches and officials were not trained to recognize, prevent and report predatory behavior displayed and exhibited in their presence on a daily basis. Plaintiff further contended that defendants witnessed predatory behaviors exhibited by Fujishima and decided not to take action.

DEFENDANTS' CONTENTIONS: Defendants contended that USA Swimming never received any reports from other team members or their parents regarding Fujishima. Defendants further contended that USA Swimming was not negligent in training its members or in implementing policies because their training and policies either met or exceeded the applicable standard of care. Defendants also contended that it could not be negligent in missing any signs of abuse when plaintiff's own mother, a mandated reporter at a women's shelter, failed to recognize signs of abuse in her daughter.

Damages

Plaintiff's counsel sought $54 million for past and future emotional suffering.

Injuries

Jane Doe claimed she suffered sexual abuse from ages 12-13 and associated, continuing emotional distress.

Result

Stockton Swim Club and Pacific Swimming settled before trial. The matter continued against USA swimming only. The jury rendered a defense verdict.

Other Information

Fujishima did not appear at trial.