Facts

Margarita De La Rosa sued White Memorial Medical Center for negligent supervision/retention, involving allegations of sexual battery by its employee, James Lynn.

Defendant James Lynn was dismissed by plaintiff from the case prior to trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff presented to defendant White Memorial on Jan. 27, 2011 for a physical therapy session with defendant James Lynn, during which defendant Lynn allegedly sexually battered plaintiff by fondling plaintiff's vagina and digitally penetrating plaintiff's vagina. Plaintiff sued defendants for sexual battery and negligence. As to defendant White Memorial, plaintiff alleged that it negligently retained and supervised its employee, thereby allowing Lynn to perpetrate his sexual assault.

DEFENDANTS' CONTENTIONS:
White Memorial denied having any prior knowledge of co-defendant Lynn's propensity to commit sexual assault on a patient. White Memorial denied any liability due to the lack of any causal connection.

Result

The jury rendered a verdict in favor of De La Rosa and awarded her $1,568,750 in total damages, including $6,250 for past medical expenses, $62,500 for future medical expenses, $800,000 in past non-economic damages, and $700,000 in future non-economic loss damages. The jury attributed 35 percent fault to Lynn and 65 percent to White Memorial. The $1,568,750 award was reduced to $318,750 by the court per MICRA.