Jane Doe and Mary Smith v. Big Oak Flat-Groveland Unified School District, Jeremy Ryan Monn, Jim Frost, Dave Urquhart, and Does 1 through 500, inclusive
Published: Feb. 19, 2021 | Result Date: Nov. 13, 2020 |Case number: CV59658 Settlement – $4,025,000
Court
Tuolumne County Superior Court
Attorneys
Plaintiff
Kenneth N. Meleyco
(Law Offices of Kenneth N. Meleyco)
Vince W. Finaldi
(Manly, Stewart & Finaldi)
Taylor W. Boren
(Manly, Stewart & Finaldi)
John C. Manly
(Manly, Stewart & Finaldi)
Defendant
Susan L. Oliver
(Tyson & Mendes)
Harry W. Harrison
(Tyson & Mendes)
Emily S. Berman
(Tyson & Mendes)
David S. Vogel
(Law Offices of David S. Vogel)
Anthony N. DeMaria
(DeMaria Law Firm APC)
Facts
Plaintiffs Mary Smith and Jane Doe were minor students at Don Pedro High School within Big Oak-Groveland Unified School District when they were allegedly sexually assaulted by their instructor and Future Farmers of America (FFA) advisor, Defendant Jeremy Ryan Monn. Mary Smith alleged she was molested by Defendant Monn from December 2011 through August 2012. Jane Doe alleged she was molested by Defendant Monn in 2013. Defendant Jim Frost worked as the school principal of Don Pedro and Superintendent at the School District in 2011 and 2012. Around February 2012, Mary Smith's foster mother discovered Mary Smith and Monn alone together on campus after school. They were allegedly buckling their belts and Mary Smith was putting on her shoes. Smith's foster mother reported this event to an employee of the School District, who in turn reported it to Frost. Frost, a mandatory reporter, was alleged to have failed to report inappropriate conduct by Monn to the authorities.
The following year, Defendant Dave Urquhart replaced Jim Frost as Don Pedro Principal and School District Superintendent. Defendant Urquhart was not apprised of any suspected misconduct of Monn when he came into the roles of Principal and Superintendent. Monn allegedly began sexually abusing Jane Doe in April 2013. During that academic year, Urquhart allegedly learned that Monn was exchanging inappropriate text messages with a non-party student. Plaintiffs alleged Urquhart failed to report suspected abuse.
Ultimately, Monn was arrested, receiving 15 felony charges from Merced County Superior Court in conjunction with his actions with Plaintiff Jane Doe. In April 2015, Monn pled guilty to three felonies, and was sentenced to four years and four months in prison. Monn received further prison time for also molesting a Paso Robles High student.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Defendants failed to properly hire, retain, and/or supervise Monn, including failing to provide chaperones at off-campus FFA events and allegedly ignoring or concealing multiple suspected instances of childhood sexual abuse involving minors at school. Plaintiffs further contended that multiple School District administrators ignored a litany of "red flags" of misconduct by Monn. As a result, Defendants were liable for the injuries of Jane Doe and Mary Smith.
DEFENDANT'S CONTENTIONS: Defendants Frost, Urquhart, and the School District disputed the claims against them, including the contentions that they were aware or had notice of sexual misconduct, sexual abuse, and/or the dangerous propensities of Monn.
Injuries
Jane Doe and Mary Smith alleged they suffered severe emotional distress, resulting from the molestations by Defendant Monn.
Result
The parties agreed to settle the entire action. Pursuant to that settlement, the action was dismissed with prejudice in exchange for payment of $4,025,000 to Plaintiffs.
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