Jane Doe v. Roe Bus Company
Published: Dec. 5, 2009 | Result Date: May 15, 2009 | Filing Date: Jan. 1, 1900 |Settlement – $1,000,000
Court
Riverside Superior
Attorneys
Plaintiff
David M. Ring M.D.
(Taylor & Ring)
Defendant
Raymond F. Dolen
(Orrock, Popka, Tucker & Dolen)
Experts
Plaintiff
Steven N. Sparta
(medical)
Augustine C. Zemba
(technical)
Defendant
William Stolz
(medical)
Ron Kinney
(technical)
Facts
The plaintiff, a 9-year-old special education student, rode defendant's bus to and from school from January to May 2002 while she was in the fifth grade. The bus transported only special education students and plaintiff was usually the only girl on the bus. The plaintiff alleged that the other boys sexually assaulted her on the bus numerous times during those five months.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the bus company was negligent in its supervision of students on the bus and that the bus driver was improperly trained. The plaintiff claimed that had the bus driver paid any attention to what was taking place behind him as he drove, he would have seen the sexual misconduct occurring.
DEFENDANT'S CONTENTIONS:
The defendant claimed that its bus driver was properly trained and that he never saw any improper sexual misconduct by any of the special education students who rode the bus. The plaintiff never complained about anything occurring on the bus to the driver or anyone else. Once the allegations were first made in May 2002, the company took all appropriate measures to investigate and put an end to such behavior.
Specials in Evidence
$20,000; $150,000 (disputed)
Injuries
The plaintiff claimed emotional distress.
Result
The case settled for $1 million on the date the case was sent out for jury trial.
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