Facts

Plaintiff filed a lawsuit against Dr. Joseph Pennario based on alleged sexual assaults between 1964 and 1966, when plaintiff was a minor. Plaintiff filed under the window legislation set forth in California Code of Civil Procedure Section 340.1.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Dr. Pennario was plaintiff's pediatrician and a close friend of his family. Dr. Pennario took advantage of his role as a trusted pediatrician, and sexually assaulted plaintiff during medical examinations. While the sexual assaults took place over 50 years ago, the impact of the abuse continued.

DEFENDANT'S CONTENTIONS: Dr. Pennario completely denied the sexual assault allegations in the lawsuit.

Insurer

Defendant did not have insurance.

Settlement Discussions

This case resolved by way of a Mediation with the Hon. Jeffrey Barton at Judicate West.

Damages

Plaintiff sought $12,160,000 in damages, including $5,000,000 in emotional distress, and $5,000,000 in punitive damages.

Result

Settlement for $500,000.