Confidential

Facts

Defendant teacher worked as a high school teacher when he was accused of making inappropriate comments to female students and slapping one student on the behind. Upon learning that he had been reported for his conduct, the teacher tried to intimidate the students into recanting their allegations. He was reprimanded for the conduct. More than a year later the Defendant teacher transferred to a junior high school in the same school district. The plaintiff was a student in the teacher's junior high math class. Soon after the school year began the teacher began making inappropriate comments to the plaintiff and other students. The teacher made the plaintiff move her desk next to his desk and often kept her in the classroom after class. During one such occasion the teacher sexually molested the plaintiff. Plaintiff alleged that she reported the incident to school administrators. Unrelatedly and about the same time the teacher was reprimanded for making inappropriate comments to his entire math class. The teacher returned to the classroom and later showed up intoxicated to school. He was put on leave and eventually terminated by the school district. Approximately two years later the now former teacher was arrested and pled guilty to lewd acts with a minor for his conduct toward the plaintiff and the student in the high school.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the District did not respond appropriately to the reports of the teacher's misconduct in the high school. Plaintiff alleged that the District should not have allowed the teacher to transfer to the junior high, and alleged that once they were made aware of the teacher's misconduct in the junior high the district did not respond appropriately. Although the District Attorney charged the teacher only with violation of Penal Code Section 288(a), committing lewd acts with Plaintiff, and convicted him of that offense, Plaintiff contended in her civil lawsuit that the teacher's sexual molestation of her involved rape.

DEFENDANT'S CONTENTIONS: Defendant School District denied it was negligent in the supervision of the teacher, denied that it was liable for the teacher's intentional sexual misconduct, and denied the nature and extent of plaintiff's damages based on the facts known to it at the time which consisted only of Plaintiff's police report made years after the incident. Upon further investigation and the mental health IME of plaintiff, Defendant School District became aware of Plaintiff's rape by the teacher and the extensive effects of same, and Defendant School District began the process of settling the claim.

Defendant teacher denied the allegations and denied the nature and extent of the damages.

Specials in Evidence

Meds: $500 Future Meds: Plaintiff's future psychological care was estimated at $70,000.

Damages

Plaintiff's damages involved the cost of past therapy and future therapy care.

Injuries

Plaintiff suffered post-traumatic stress disorder (PTSD) and severe emotional distress from the incidents.

Result

The case settled for $5,000,001.