Facts

In May 2012, plaintiff D.M. traveled with his eighth grade class members and teachers to Yosemite National Park for a six-day, five-night outdoor education program. On the last night of the program, a fellow classmate and cabin mate, defendant G.E., a minor, admitted to assaulting and sexually assaulting D.M.

Plaintiff filed suit against San Rafael City Schools, and G.E.

PLAINTIFF'S CONTENTIONS:
D.M. contended that San Rafael City Schools was negligent in assigning D.M. to the same sleeping quarters as G.E., who had a history of bullying D.M. D.M. further contended that San Rafael City Schools was negligent in the supervision of its students in allowing them to sleep in quarters without an adult chaperone and without adequate oversight.

D.M. contended that despite the fact he reported the assault to his teachers while in Yosemite, the school officials never notified local authorities and, instead, required that D.M. finish the day and travel home on the chartered bus with the other students, including G.E. Plaintiff contended that upon return to San Rafael, school officials and local sheriffs interviewed D.M. without his parents present. School officials did not notify D.M.'s parents of the assault until after he was interviewed.

D.M. claimed that San Rafael City Schools was negligent in its failure to investigate the incident immediately, in forcing D.M. to ride back to San Rafael in the same bus as G.E., in failing to immediately notify D.M.'s parents, and for interrogating D.M. outside the presence of his parents and without his parents being informed of the interrogation. D.M. filed suit alleging battery and negligence per se against G.E. and alleged negligence and statutory liability pursuant to Government Code section 815.2 and Education Code section 44808 against San Rafael City Schools.

Injuries

D.M. claimed he was traumatized by the assault and investigation. Plaintiff is fearful of another assault, anxious, depressed, suicidal, and hypervigilant, as a result of the assault. Lynn E. Ponton, M.D., a child psychiatrist, diagnosed D.M. with chronic and severe post-traumatic stress disorder. Dr. Ponton noted D.M.'s nightmares, trouble sleeping, paranoia and suicidal thoughts, recurrent thoughts of the incident, hypervigilance and the feeling that he was going to be assaulted again. Dr. Ponton also diagnosed D.M. with ongoing depression that she believes may evolve into dysthymia.

Result

The case settled at $750,000, on the second day of mediation with retired Contra Costa County Superior Court Judge Ellen S. James of JAMS. The court approved the settlement and the majority of the settlement proceeds were placed into a structured annuity with period payments made for D.M.'s future psychiatric treatment, his education, and his other financial needs.

Other Information

FILING DATE: June 7, 2013.