Case details
Defense argued student was not sexually abused
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Beginning in October 2013, plaintiff Katherine Carnahan, 11, a fourth grade student, was called into the office of Shane Cable, the after-school program director at the elementary school that she attended. Katherine, who was a program participant in the after-school program, alleged that she was sexually molested by Cable in his office from October 2013 through June 2014. Katherine, though her guardian ad litem, Julie Burton, sued Cable and his employer, Lakeside Union School District. Katherine alleged that Cable sexually assaulted her and that the school district was negligent in the hiring, retention, and supervision of Cable. Katherine claimed that Cable would hug, pick up, and nuzzle kids out in the open, but that Cable was not disciplined for his conduct. Thus, she claimed that the school district was aware of Cable’s inappropriate behavior prior to her being molested, but that the school district failed to address this behavior. Defense counsel noted that Katherine testified at deposition that she was sexually molested twice. However, defense counsel contended that Katherine was not sexually abused, as Katherine testified under oath that she was touched two inches below her belly button and two inches above her vagina. Counsel also contended that even if Katherine was abused, Lakeside Union School District was not negligent in its hiring, supervision, or retention of Cable, as it could not have known, and did not know, about the alleged conduct., Katherine claimed that she was sexually molested during the the 2013/2014 school year. She also claimed that she subsequently suffered emotional distress, which required counseling. Katherine further claimed that she will need ongoing treatment for one to two years after trial, and for one to two years in late adolescence.
COURT
Superior Court of San Diego County, San Diego, CA
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