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
Randall S. Schiavone
(Kampf, Schiavone & Associates)
Defendant
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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