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Torts
Sexual Battery
Negligent Supervision

Anthony J., Steven P., Thaddeus M., Arik L. v. Victor Elementary School District, John Desilets, et al.

Published: Sep. 5, 2009 | Result Date: Apr. 27, 2009 | Filing Date: Jan. 1, 1900 |

Case number: VCVVS035216 Verdict –  $675,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Angelique Mangaser

Randall S. Schiavone
(Kampf, Schiavone & Associates)


Defendant

Sean M. Swinford

Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)


Experts

Plaintiff

Mary Jo McGrath
(technical)

Jerry MacDonald
(technical)

Brian P. Jacks
(medical)

Defendant

Adam D. Huckaby
(technical)

Kenneth Meyers
(medical)

Tom Noyes
(medical)

Facts

Four boys, who were students in the Victor Elementary School District, alleged that their teacher, John Desilets, molested them between 2001 and 2003. The molestations occurred off school property and outside of school hours. Desilets would baby-sit the boys, took them on trips, and attended their sporting events, all with the consent of the boys' guardians. The boys sued Desilets for sexual battery and sued the school district and several school administrators for negligent supervision.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the school district knew or should have known that Desilets was a predator prior to his arrest.

DEFENDANT'S CONTENTIONS:
The defense asserted that it did not act negligently and used reasonable care. The defense contended that Desilets should be held solely responsible for the incident.

Damages

The plaintiffs each sought $2 million and future medical care costs.

Injuries

The plaintiffs claimed emotional distress and claimed that they would need lifelong psychiatric care and treatment.

Result

The jury found Desilets was solely liable and awarded the plaintiffs $675,000.

Other Information

Desilets was incarcerated at the time of trial.


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