Case details

Defense: Leading questions led to student’s false memory

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, hand disability, trauma
FACTS
On Oct. 12, 2010, the plaintiff, a 3.5-year-old child, who was considered a special needs student due to a hand disability, accused the school bus driver of sexually molesting her while on the bus. The child was a passenger on a special needs bus operated by Robert Allen Brown when the child’s mother failed to meet her at the designated bus stop. When the child was finally reunited with her mother, she began to cry. As a result, the mother began asking leading questions of the child and then accused Brown of touching the child. The young child, through her guardian ad litem, sued Brown; the bus company, First Student Inc.; and the operator of the child’s school, the Los Angeles Unified School District. The child’s guardian alleged that Brown sexually assaulted the child and that the bus company and school district were negligent in the hiring and retention of Brown. Brown was ultimately dismissed prior to trial, and the matter continued against First Student and the Los Angeles School District. Defense counsel argued that the alleged incident did not occur and was, instead, an implanted memory created by the leading questions of the child’s mother and investigating officers. Counsel noted that the subject bus was equipped with a tachograph, which showed that the bus was moving the entire time the driver was alone with the child., The 3.5-year-old child claimed that she was sexually molested, resulting in emotional distress and trauma from the alleged incident. As a result, her guardian requested compensation for a lifetime of treatment and counseling. Thus, plaintiff’s counsel asked the jury to award the child between $20 million and $50 million in total damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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