Case details

Friend’ sexually battered her, teenager alleged

SUMMARY

$5000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 8, 2010, the plaintiff, a 15-year-old student, went to the home of a friend, Devin Carrico, in San Diego. She claimed that while she was there, Devin Carrico held her down, forced her to consume alcohol and smoke marijuana, and then sexually assaulted her. The teenage plaintiff sued Devin Carrico; his father, Michael Carrico; and another youth at the house, Kain Crawford. The plaintiff alleged that Devin Carrico’s actions constituted negligence, false imprisonment, battery, and sexual battery. She also alleged that Michael Carrico was liable for his son’s actions, since he supplied the alcohol and was aware that his son smoked marijuana in the house. Prior to trial, Michael Carrico settled with the plaintiff for $75,000, and Kain Crawford was dismissed from the case. The matter subsequently proceeded to trial against Devin Carrico only. The plaintiff claimed that after she drank a half can of “Four Loko,” a malt alcoholic beverage containing caffeine, Devin Carrico held her down and forced her to drink more. She claimed that Devin Carrico then continued to restrain her as he blew marijuana smoke in her mouth while holding her nose. The plaintiff claimed that thereafter, she was in and out of consciousness as Devin Carrico was on top of her. She alleged that even though Devin Carrico knew that she was gay and that they were just friends, he took sexual advantage of her. The plaintiff claimed that she was eventually able to crawl away and escape downstairs, where she was found by Michael Carrico. Devin Carrico admitted that he provided alcohol and marijuana to the plaintiff, and that he made sexual advances toward her, but claimed that he stopped when she protested., The plaintiff claimed she suffered physical and emotional as a result of the sexual battery. She claimed that as a result, she needs four years of psychological treatment, twice a week at $225 per hour. She further claimed she can no longer go out, trust anyone or have meaningful relationships. Thus, the plaintiff sought recovery of $93,600 for the cost of her medical and psychological care, and between $800,000 and $1.2 million for her pain and suffering. Defense counsel argued that if the jury found that Devin Carrico was liable, it should only award the plaintiff $1,750 in economic damages and $5,000 for her pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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