Facts

Plaintiff Eryka Menzies, a 15-year-old student and basketball talent in high school, engaged in consensual sex with a 20-year-old coach, Andre La Beach, a Los Angeles Unified School District employee.

There were at least four sexual encounters that occurred between Plaintiff and Andre La Beach. The first two encounters occurred in March/April 2006, prior to the time that La Beach was employed by defendant LAUSD. At the time of the first two encounters, La Beach was a volunteer assistant coach with BBG. La Beach was hired as a JV girls basketball coach by LAUSD in or about September 2007. The third and fourth sexual encounters between Plaintiff and La Beach occurred in October/November 2007. Plaintiff was 17 years old at the time of the third and fourth sexual encounters.

La Beach was convicted criminally.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed negligence against Blessed by God Sports, LLC, a private basketball supporter and negligent hiring, supervision and retention against LAUSD. Plaintiff also claimed Blessed by God Sports and LAUSD, as employers of La Beach, owed a duty to Plaintiff to protect her. Plaintiff also claimed negligence on the part of Andre Chevalier and Michelle Chevalier in their individual capacities. Plaintiff also claimed that all Defendants knew or should have known that the acts of sexual intercourse had taken place. In addition to the acts of sexual intercourse, Plaintiff contended that having to be around La Beach for approximately two years (at BBG events and while attending high school at LAUSD and playing on the Varsity basketball team while La Beach was coaching the Junior Varsity team) caused her significant emotional trauma.

DEFENDANT'S CONTENTIONS:
Defendants claimed no knowledge of acts between Plaintiff and La Beach. LSUSD contended, and it was not disputed, that La Beach was not employed by LAUSD at the time of the first two sexual acts. Defendants contended, and it was not disputed, that all four acts of sexual intercourse were voluntary and consensual.

Settlement Discussions

Plaintiff's counsel demanded $720,000 settlement prior to trial. Defendant LAUSD offered $30,000 per CCP 998 prior to trial.

Injuries

Plaintiff claimed post-traumatic stress disorder, lifetime trauma requiring lifetime counseling due to emotional consequence of the sex acts. Plaintiff also claimed that she had attempted suicide on one occasion in 2009 because of these events, and that she suffered repeated nightmares in which Defendants appeared. She claimed she suffered anxiety and depression, that she had withdrawn from relationships with friends and peers, and that she was fearful and did not trust other people, especially males. She claimed that she would not be able to engage in a meaningful relationship with a male companion for quite some time, if ever. She claimed that her academic performance suffered. She claimed that she was unable to concentrate or focus on her basketball career, which suffered as a result of these events. Plaintiff's expert psychologist testified that Plaintiff would require lifetime therapy, 1-2 times per week, for the balance of Plaintiff's life.

Result

Plaintiff verdict/award of $200,000 was for non-economic damages only. No evidence of past or future economic damages was introduced. The apportionment of causation in the verdict resulted in judgments of $90,000 against defendant LAUSD, $90,000 against defendant BBG, and $20,000 against Andre La Beach who had been dismissed as a defendant prior to trial. Directed verdict/nonsuit in favor of Defendants Andre Chevalier and Michelle Chevalier on all claims against them. Three intentional torts against La Beach were dismissed.

Other Information

In closing argument at trial, Plaintiff's counsel requested a jury verdict in the amount of $1.1 million in damages. Defense counsel argued that there was no liability and that Plaintiff's damages, if any, did not exceed $20,000. The jury found that LAUSD 45 percent negligent, Blessed by God Sports 45 percent negligent and third party 10 percent negligent. FILING DATE: Feb. 25, 2009.

Deliberation

one day

Length

three weeks