John Doe, a minor v. Whittier Hills Baptist Church; John Wetzler
Published: Jan. 4, 1997 | Result Date: Oct. 31, 1996 | Filing Date: Jan. 1, 1900 |Case number: VC019391 – $473,400
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Stephen M. Murphy
(Law Offices of Stephen M. Murphy)
Defendant
Experts
Plaintiff
Lynn E. Ponton
(medical)
John E. Patterson
(medical)
Steven H. Berman
(medical)
Defendant
Jeffrey M. Lulow
(medical)
Facts
The minor plaintiff, then 12 to 14 years of age, alleged that defendant John Wetzler, the volunteer Junior High School Leader for defendant Whittier Hills Baptist Church from July 1991 to February 1994, inappropriately touched him between 50 to 100 times. The plaintiff claimed that defendant Wetzler touched him during church services; that defendant Wetzler sat beside him and placed a large Bible over their laps, then reached his hand under the Bible, rubbing the plaintiff's leg and inner thigh. The plaintiff also claimed that during church pool parties, defendant Wetzler wrapped his legs and arms around the plaintiff in the water. The plaintiff alleged that as part of his duties, defendant Wetzler also discipled the plaintiff on Christian values, requiring him to spend time alone with the plaintiff off church premises and at his apartment. Defendant Wetzler allegedly reached his hand into the plaintiff's pants on several occassions, eventually pulling the plaintiff's pants down. On Super Bowl Sunday, 1994, defendant Wetzler allegedly pulled the plaintiff's pants down to his ankles and rubbed the plaintiff's buttocks and private parts for several hours. The following Wednesday, the plaintiff reported the incident to a youth leader at the church. Defendant Wetzler was arrested and plead guilty to molesting the plaintiff and three other boys. He was sentenced to 10 years and 8 months in state prison, and is currently incarcerated at Avenal State Prison. The plaintiff brought this action against the defendant church and Wetzler based on negligent hiring, supervision and retention, premises liability, intentional infliction of emotional distress and battery theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand to the church for $250,000 at the start of trial. The defendant church made a settlement offer of $100,000 on the first day of trial.
Specials in Evidence
$9,400 $65,000
Damages
The plaintiff claimed $400,000 in general damages.
Injuries
The plaintiff alleged emotional distres damages characterized by loss of trust, difficulty with relationships, difficulty with authority figues, loss of religious faith, self-mutilation, anger and suicidal ideation. The plaintiff claimed he would require counseling services through at least age 35.
Other Information
The verdict was reached approximately one year and four months after the case was filed. A settlement conference was held on July 29, 1996 before Judge James Sutton, Jr. It did not resolve the matter. In a special finding, the jury found by clear and convincing evidence that the church and Wetzler were guilty of malice and oppression. After hearing testimony on the church's net worth, which was less than $50,000 excluding real and personal property and receiving Wetzler's declaration showing a negative net worth, the jury declined to award punitive damages.
Deliberation
3+ days
Poll
10-2 (negligence against defendant Church), 9-3 (intentional infliction of emotional distress against defendant Church), 12-0 (battery and intentional infliction of emotional distresss against defendant Wentzler), 9-3 (malice and oppression against defendant Church), 12-0 (malice and oppression against defendant Wetzler)
Length
1 month
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390