Jane Doe v. Regents of University of California; Paul Holt, et al.
Published: Aug. 30, 1997 | Result Date: Jul. 1, 1997 | Filing Date: Jan. 1, 1900 |Case number: 696300 Verdict – $53,931
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert A. Cosgrove
(Robert A. Cosgrove & Associates)
Experts
Plaintiff
Laura Brown
(medical)
Shawn Abbott
(technical)
Kathleen Hubbard
(technical)
Defendant
Katherine DiFrancesca
(medical)
Mark A. Kalish, M.D.
(medical)
Michael G. Willoughby
(technical)
Facts
In 1991, the plaintiff, then 23 years old, began treating at UCSD Psychological & Counseling Services. The plaintiff had a significant psychological history, including chronic depression, chronic suicidality, chronic anxiety, past suicide attempts, an eating disorder, self-mutilation and obsessive-compulsive behaviors, stemming from childhood physical and emotional abuse by her mother and alleged gang rape, sodomy and sexual torture by her cousins in France at age 14. The plaintiff was seen by defendant Paul Holt, Ph.D., for individual psychotherapy at UCSD Psychological & Counseling Services, beginning in June 1993. Defendant Holt was employed by the defendant Regents of University of California as a part-time Counseling Psychologist I. The defendant had completed his Ph.D. but had not yet completed the hours of supervised professional experience required for licensure. At UCSD he worked under the supervision of a licensed psychologist. The plaintiff claimed the defendant stroked her face and hair, manipulated her fingers, gave her long, tight embraces, kissed her, told her sexual fantasies, and repeatedly fondled her breasts and lay in sexual positions with her. The plaintiff denied initiating any sexual conduct or conversation. The defendant claimed the plaintiff kissed him, and he kissed her back, at their last therapy session at UCSD on June 30, 1993. The defendant admitted he touched her breast through her clothing, but claimed that this occurred at a later time. The defendant denied the other conduct alleged by the plaintiff. The plaintiff brought this action against the defendants based on violation of Civil Code section 43.93, professional negligence, breach of fiduciary duty, battery, assault, fraud, negligent supervision, negligent hiring and intentional and negligent infliction of emotional distress. The defense motion for nonsuit was granted as to all causes of action except professional negligence, (including negligent superior) battery and intentional infliction of emotional distress. The jury found the causes of action for battery and intentional infliction of emotional distress were barred by the statute of limitations. The court ruled as a matter of law that defendant Holt was negligent and the defendant Regent of University of California was vicariously liable for his acts/omissions.
Settlement Discussions
The plaintiff made a settlement demand for $450,000 reduced to $325,000 to defendant Regents of University of California. The defendants made a settlement offer of $175,000 cash, plus purchase of insurance policy for medical/psychiatric care.
Specials in Evidence
$23,993.70 $580,039 $115,725
Injuries
The plaintiff allegedly suffered aggravation of pre-existing psychological problems and emotional distress.
Other Information
The verdict was reached approximately one year and six months after the case was filed. A settlement conference was held on Nov. 6, 1996. It did not resolve the matter.
Deliberation
8 hours
Poll
12-0 to 9-3
Length
13 days
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