Karen Fellows v. James H. Abel and Does 1 through 50 inclusive
Published: Oct. 31, 2009 | Result Date: Jul. 24, 2009 | Filing Date: Jan. 1, 1900 |Case number: M89638 Verdict – $1,500,000
Court
Monterey Superior
Attorneys
Plaintiff
Michael P. Masuda
(Noland, Hamerly, Etienne & Hoss PC)
Defendant
Experts
Plaintiff
Margo M. Leahy
(medical)
Defendant
Edward Hyman
(medical)
Facts
From Jan. 18, 1998, to Jan. 20, 1998, James Abel sexually molested nine-year-old Karen Fellows. Abel was convicted and sentenced to 40 years imprisonment. When Fellows turned 18, she sued Abel for sexual battery. Abel admitted liability except with respect to punitive damages.
Settlement Discussions
The plaintiff demanded $1,399,000 via C.C.P. Section 998 and the defense offered $300,000.
Damages
Fellows sought $300,000 to $500,000 in future medical expenses. She also sought past and future pain and suffering damages.
Injuries
Fellow claimed she suffered anxiety, emotional distress, post-traumatic stress disorder (PTSD), and psychological damage. She contended that she continues to suffer significant emotional and psychological distress and panic attacks. She sought a few sessions with a psychiatrist. Abel contended that plaintiff's injuries were minor and claimed that she did not have PTSD.
Result
The jury awarded Fellows $1.5 million, which included $250,000 in punitive damages.
Other Information
Abel inherited several million dollars while incarcerated. The parties settled for $1.4 million following trial.
Deliberation
two hours
Poll
10-2
Length
five days
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