John D. Larson v. Sunshine House Children's Centers
Published: May 22, 1999 | Result Date: Mar. 10, 1999 | Filing Date: Jan. 1, 1900 |Case number: C9700759 Verdict – $100,500
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Howard Mencher
(Law Offices of Howard Mencher)
Defendant
Experts
Plaintiff
Margo Rich Ogus Ph.D.
(technical)
Facts
The plaintiff, a deputy sheriff with the Contra Costa County Sheriff's Department, was a single parent who enrolled his two daughters, ages 7 and 6, at the defendant Sunshine House Children's Centers in Martinez for the session beginning in July 1, 1996. At the time, deputy Larson was in a live-in relationship with another Contra Costa County Deputy, who had a role in enrolling the two Larson children at the childcare center. In February 1996, an inmate was arrested and charged with attempted murder, conspiracy to commit rape, sodomy and penetration with a foreign object. The allegation was that the inmate, with the assistance of his girlfriend, twice raped a 16-year-old female minor, then stabbed her many times, wrapped her in a blanket and threw her over a fence, assuming she had died. The victim survived and ultimately testified against the inmate. The inmate's first cousin worked at defendant Sunshine House. The plaintiff's live-in companion had a discussion with the cousin-teacher regarding job responsibilities/difficulties of being a police officer. Larson's live-in companion was told by the cousin of the inmate that her cousin was at the detention facility in Martinez. Larson's live-in companion told the cousin/teacher that she worked with the Sheriff's Department and had worked in the detention facility where the teacher's cousin was presently housed. The teacher/cousin told Larson's live-in companion that her cousin was in jail at the Martinez Detention Facility and Larson's live-in companion told the cousin/teacher that the man she was seeing/living with, Deputy Larson, worked at the Martinez Detention Facility where the inmate was. On Aug. 18, 1996, the inmate phoned his cousin/teacher and told her that a Deputy Larson was nice enough to let him use the phone. At this point, the cousin/teacher told her inmate cousin that she knew Deputy Larson and that she (cousin/teacher) took care of Deputy Larson's children at the childcare center. At this point, the inmate put the phone down and went up to another Deputy Larsen (different spelling) and inquired as to whether his children, two girls, go to the same daycare center where his cousin teaches in Martinez. This Deputy Larsen said "no, you must be mistaken." Subsequently, on August 24, the inmate approached Deputy Larson and said words to the effect that his sister works at the day-care center where his kids to go day-care. The inmate told Deputy Larson his sister said how cute his daughters were and that his daughters played with the inmate's relatives. Deputy Larson, in an attempt to divert the inmate, said that no, his children went to school in Fairfield and they were not in daycare center. The inmate then said that his sister told him that he (Deputy Larson) was a deputy and that he worked in the jail in Martinez. The inmate said to Deputy Larson that they have to be your kids because you are the only Larson that lives in Martinez and worked at the jail. At her deposition, the school teacher admitted that she told her cousin, the inmate, that Deputy Larson's kids go to the child care center where she works. She denied giving any other information and said there was only one conversation. At his deposition, the inmate testified that he spoke with his cousin two times pertaining to the Larson children and the inmate said that Deputy Larson told him that his kids go to school at the daycare center in Martinez. Deputy Larson was scheduled to testify against the inmate prior to the inmate approaching Deputy Larson with this information. Deputy Larson took this as a threat and reported it to his superior and an incident report was made out. In addition, an incident report was made out by the other Deputy Larsen. Deputy Larson took this as a threat by the inmate to make him not testify. Deputy Larson testified and the inmate was convicted of the charges of attempted murder, conspiracy to rape, etc. *** FOR CONTINUATION OF FACTS)
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $500,000 (policy limits). The defendants made a C.C.P. º998 offer of compromise for $1500.
Specials in Evidence
$62,953 $500,000 plus
Damages
The plaintiff, because of breach/release of his confidential information regarding his two daughters, ages 6 and 7, at defendant Sunshine House Children's Center, was put in fear and remained fearful for the welfare/safety of his family/two daughters. The confidential information was released by a teacher at the Sunshine House facility where Deputy Larson's children were enrolled, to the teacher's cousin who was in the Martinez Detention Facility on the module where plaintiff/Deputy Larson was assigned. Deputy Larson eventually moved out of the Contra Costa County/Bay Area to a place in Northern California to be away from any potential threat/retaliation by the inmate who was arrested and subsequently convicted for attempted murder and conspiracy to commit rape of a 16-year-old female.
Injuries
The plaintiff alleged emotional distress but sought no medical treatment for the emotional distress.
Result
*** (CONTINUATION OF FACTS) Approximately two weeks after the conviction, another inmate, who testified at the trial, heard the inmate who had received the confidential information say words to the effect that if he is going to receive a life sentence, then Larson would be facing a death sentence. A police report was made regarding this. A lawsuit was filed against the defendant Sunshine House and there was no dispute but that their regulations required that all information regarding children and parents be confidential and not released to any third parties. The teacher, testified that she probably should not have told her cousin/inmate what she did and the owner of Sunshine House, defendant Paula Bonesteel, testified that if the teacher said what was alleged to have been said by her, then that would be a breach of confidentiality. Subsequently, the inmate came up to Deputy Larson and asked for 409 cleaner and then walked away without waiting for a response. 409 was the number of the street where Deputy Larson resided in Martinez. Deputy Larson ended his relationship with the female deputy from Contra Costa County and then eventually relocated to Northern California, marrying in July 1997. After moving to Nothern California in approximately April 1997, Deputy Larson continued to commute to Contra Costa County. The commute was very lengthy and he had to work double shifts with the result that he was having difficulty carrying out his job because of exhaustion. He looked for work in Norhern California in law enforcement but was not able to obtain it. A move to come back to the Bay area was considered but after his family found out about the threat from the inmate, the family refused to move down to the Bay area. Deputy Larson testified at the trial that he felt that the inmate had connections outside the prison and was a member of certain prison gangs who could carry out the threat to him and his family. Deputy Larson has not worked since May 1998. The plaintiff sued for breach of contract, common law negligence and negligence per se, statutory violations of certain licensing regulations contained in the California Code of Regulations in the chapter entitled "Child Day-Care General Licensing Requirements."
Other Information
The verdict was reached approximately two years and one month after the case was filed. The jury felt that there was a lack of training by defendant Sunshine House and that confidential information was released. They concluded that the 20 percent negligence attributable to Larson was due to the fact that his live-in companion told the teacher that he was a deputy at the Martinez jail who was guarding the inmate. A cost bill has been filed by plaintiff in the amount of $7,514.50. Defendant Sunshine House filed a cost bill in the amount of $8,274.50. A motion to strike the cost bill in its entirety has been filed by plaintiff. Judge Patsey awarded defendant Sunshine House cost of $1,354.94.
Deliberation
2½ days
Length
seven days
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