Facts

Plaintiffs Julie Lusk, Carrie Denise Dial, and Jane Doe 7013 each brought separate lawsuits that were ultimately consolidated against their former youth pastor, Kenneth McCall and the church where they were all parishioners, Seacoast Grace Church. While employed by Seacoast, McCall sexually assaulted and abused multiple girls in the Seacoast Youth Group both on and off church property, during church-sanctioned events, in his car, and at various homes. McCall even took advantage of some staff members at the Church, including a young administrative secretary, by coercing her into sexual acts under the guise of helping him refrain from abusing other young parishioners. The sexual abuse suffered by the 3 plaintiffs occurred between 1976 and 1983. These lawsuits were brought as a result of the window legislation created by AB 218, codified in C.C.P. Section 340.1.

Evidence obtained during discovery established that during McCall's tenure as youth pastor, Seacoast, by and through its staff, learned that he was abusing young girls. In 1977 or 1978, the Church even held a meeting for the Youth Group staff to remind them of proper behavior around children because girls were complaining that McCall had kissed them and promised to marry them. Also, during his deposition, McCall admitted to sexually assaulting several minor girls, including plaintiffs, claiming the acts were consensual.

Several Youth Group leaders began complaining of the rampant sexual abuse by McCall. These complaints were even brought to the attention of the Head Pastor and Elder Board for the Church. Tragically, despite knowledge of these allegations, Church Leadership allowed McCall to continue on as the youth pastor and law enforcement was not advised of the situation.

As a result of the sexual abuse, plaintiffs filed complaints against McCall and Seacoast Grace Church that asserted nine different causes of action: negligence, negligent supervision, negligent retention, negligent failure to train, warn and educate, sexual battery, sexual harassment, gender violence, violation of the Tom Bane Civil Rights Act, and violation of Ralph Civil Rights Act of 1976.

DEFENDANT'S CONTENTIONS: McCall admitted to some of the abuse alleged by the plaintiffs, but disputed the nature and extent of it. Seacoast Grace Church disputed its institutional liability for McCall's criminal acts.

Seacoast Grace Church also disputed its successor liability obligations given that the abuse itself occurred at a different church that later merged with Seacoast.

Insurer

Both defendants were uninsured.

Settlement Discussions

The parties mediated the case with Janet Fields at Judicate West.

Specials in Evidence

Meds: Past medical expenses existed, but the settlement was driven by the noneconomic damages for pain, suffering and emotional distress.

Injuries

All three of the plaintiffs suffered significant emotional trauma as a direct result of the sexual abuse at issue.

Result

The case settled for $2.5 million