Case details

Minor students: School failed to prevent sexual assault

SUMMARY

$4500000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In the fall of 2007, an 8-year-old third grader reported that one day after school her third-grade teacher, Raymond Firth, groped her over her clothes while in a classroom at Pacific Rim Elementary School, a school within the Carlsbad Unified School District. An investigation ensued and Firth, who had been a third grade teacher at Pacific Rim Elementary School from 1999 until 2007, was placed on administrative leave. He ultimately resigned from employment, but he was not criminally charged at that time. In 2009, another 8-year-old third grade student claimed she was molested several times by her former teacher, Firth. Although she claimed the incidents occurred during the 2006-2007 school year, she did not tell anyone until 2009, when she told her parents for the first time. A criminal case involving both students followed, and Firth eventually pleaded guilty to sexual battery and went to prison. The parents of the minor students brought a civil action against the Carlsbad Unified School District for negligent supervision and against Firth for sexual assault and battery. Plaintiffs’ counsel contended that the school district knew or should have known that Firth repeatedly had his female students sit on his lap during class or was often alone with one girl, or a few girls, in the classroom before school or during recess. Counsel argued that the school received several complaints over the years from parents who were uncomfortable with Firth’s overly-friendly interactions with the third-grade girls, but that the school did little or nothing in response to those complaints. Plaintiffs’ counsel contended that the girls’ cases were not time-barred because the school district caused them to delay in filing their government claims until Firth’s criminal case ended. Carlsbad Unified School District contended that it was not negligent and that it had not received any prior complaints about Firth. The school district’s counsel contended that there were a handful of times when the school’s principal had to remind Firth about keeping appropriate physical boundaries with students, but that the school never had any reason to believe that Firth was molesting girls. Counsel further contended that Firth was a very good teacher who received good performance reviews and was well-liked by students, parents, and fellow teachers and administrators. The school district’s counsel also contended that the plaintiffs’ parents filed government claims that were late, making their cases time-barred., Plaintiffs’ counsel contended that each girl suffered serious emotional distress and post-traumatic stress disorder from the incidents, and would continue to suffer emotional distress for years to come. Each of the parents sought recovery of damages for their respective girl’s pain and suffering, as well as future medical, specifically for each girl’s therapy. However, they did not request an award for any past medical expenses. The school district’s counsel contended that the plaintiffs’ damages, if any, were attributed solely to Firth’s criminal conduct, and that Firth should be found 100 percent at fault.
COURT
Superior Court of San Diego County, Vista, CA

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