Facts

Plaintiff, a middle school student who attended summer wrestling camps at Nipomo High School filed a lawsuit against Justin Magdaleno, the Nipomo High wrestling coach, and the Lucia Mar Unified School District alleging that Magdaleno sexually assaulted her and that the school district negligently hired, supervised, and retained him.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that in 2016 and 2017, when she was 13 and 14 years old, she attended summer wrestling camp at Nipomo High School, where Magdaleno sexually assaulted her. She contended that she saw Magdaleno inappropriately touching other minors as well. Plaintiff also contended that the school district had reports that Magdaleno inappropriately touched minors but failed to act until 2017 when other students came forward. Plaintiff contended that the school district negligently hired, supervised and retained Magdaleno.

DEFENDANT'S CONTENTIONS: Defendants denied the contentions. The school district contended it only heard complaints of Magdelono's conduct in 2017 and it conducted an investigation and took action, as evidenced by Magdaleno's resignation. Defendants contended that plaintiff's claims were exaggerated.

Injuries

Plaintiff alleged she suffered from sexual abuse, pain and suffering, and harassment by other students due to the incidents.

Result

The school district agreed to pay plaintiff $250,000 to settle the case.

Other Information

MEDIATOR: Hon. Jamie Jacobs-May (Ret.)