This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Sexual Abuse
Negligent Supervision

Minor Jane Doe v. Roe School District

Published: Nov. 26, 2016 | Result Date: Oct. 16, 2016 | Filing Date: Jan. 1, 1900 |

Settlement –  $1,500,000

Court

Confidential


Attorneys

Plaintiff

Andrew Zeytuntsyan
(Law Office of Andrew Zeytuntsyan PC)

Luis A. Carrillo
(Law Offices of Luis A. Carillo APC)

Michael S. Carrillo
(Carrillo Law Firm LLP)


Defendant

Gary R. Gibeaut
(Gibeaut Mahan & Briscoe)


Experts

Plaintiff

Brian P. Jacks
(medical)

Defendant

William Vicary
(medical)

Facts

Defendant Roe School District's employee, a teacher's assistant, sexually abused plaintiff Jane Doe, then 15, during school hours. He took her outside of classroom onto an adjoining stairway and abused her while disguising his abuse as an attempt to teach plaintiff. Plaintiff was diagnosed with Coffin-Lowry Syndrome. Her mental capacity was that of a 5 to 6 year old. The abuse was over the clothing and no skin to skin contact nor any penetration. The abuse was also caught on the school's surveillance cameras.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the school was negligent in supervising its employees. The children were not supposed to be out of classroom for any extended period of time. The school principal at the time testified in his deposition that the teacher should have not permitted the teacher's assistant to take plaintiff outside of class.

DEFENDANT'S CONTENTIONS:
Defendant contended that it was the teacher's assistant's fault and he had no prior similar behavior to provide any warning to the school district. The school district further disputed the nature and extent of plaintiff's injuries.

Injuries

Plaintiff sustained psychological injuries with post traumatic disorder and psychotic outburst on occasions.

Result

The case settled for $1.5 million.


#87105

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390