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CONFIDENTIAL

May 29, 1999

Personal Injury (Non-Vehicular)
Negligence
Negligent Supervision

Confidential

Settlement –  $300,000

Court

King Superior


Attorneys

Plaintiff

Michael S. Kolker


Defendant

David S. Vogel
(Law Offices of David S. Vogel)

Vicki Norris

Janice Ellis


Facts

From 1995 to 1996, the defendant janitorial company hired a former employee soon after his release from prison for child molestation and indecedent liberties. The defendant then assigned the employee to work in the janitor crew cleaning a building at night that contained a child day care center. In the course of that employment. The plaintiff claimed the employee repeatedly raped and assaulted the plaintiff, 6 to 8-years-old daughter of the day care nurse. The employee was on community placement for two months of the time that the child could have been in the building while he was cleaning it with a janitorial team. The defendant janitorial company admitted that it did not conduct a background on its employees prior to hiring them. The plaintiff brought this action against the defendants based on negligence.

Settlement Discussions

The plaintiff made a settlement demand for $1 million. The defendant made an offer of $10,000.

Injuries

The plaintiff suffered post-traumatic stress disorder, for a period of time and is expected to require therapy at various stages throughout the child's development.

Other Information

The settlement was reached approximately two years after the case was filed. A mediation was held on Aug. 7, 1998, before Washington Arbitration and Mediation Service resulting in a settlement of $300,000 ($200,000 from the janitorial company and $100,000 from the state).


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