Case details

Mother claimed relative knew of daughter’s molestation

SUMMARY

$400000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Nov. 3, 2008, plaintiff Ashleigh Miranda, a 15-year-old who suffers from cerebral palsy and mental retardation, was molested by her grandfather, Robert Miranda, in a trailer parked in the back of a home owned by Mary Miranda in San Dimas. Ashleigh’s brother, plaintiff Vincent Miranda, 13, witnessed the incident. Robert Miranda is currently serving a jail sentence for the criminal offenses of attempted rape; oral copulation of one with physical or mental impairments; and sexual penetration of one with physical or mental impairments arising from the subject incident. Shelley Burleson, acting as the guardian ad litem and the birth mother of Ashleigh and Vincent, brought a civil suit against Robert Miranda for sexual assault and against Mary Miranda for negligent supervision and failure to uphold a homeowner’s duty to an invited guest. Plaintiffs’ counsel contended that Ashleigh told her former stepmother that her grandfather had been touching her on at least two occasions prior to the subject incidence. Counsel also contended that during those incidents, Mary Miranda, as the sole owner of the home, owed a duty of care to the children, who were invited quests to protect them from the known lechery of Robert Miranda. Mary Miranda admitted she was awake during the incident in question and knew that Robert Miranda was going to be alone where the children were sleeping. However, she firmly denied any knowledge of Robert Miranda’s history of molesting Ashleigh., Ashleigh, who was diagnosed with cerebral palsy and retardation prior to the incident, has difficulty communicating. However, she alleged that she was molested when she was 15, causing her severe emotional distress. Thus, Ashleigh, who was 18 at the time of trial, sought recovery of non-economic damages for the sexual assault and emotional distress. Vincent, who was 13 years-old at the time he witnessed his sister’s molestation, also claimed severe emotional distress from the incident. In addition, he claimed he suffered from superior mesenteric artery syndrome caused by the trauma. Vincent alleged that he was predisposed to the syndrome, as he is lanky, and that the shock/stress of witnessing his sister being molested made him lose a lot of weight, resulting in the diagnosis of the syndrome. The plaintiffs’ internal medicine expert agreed, testifying that Vincent’s trauma of witnessing the incident led to his weight loss, which led to the superior mesenteric artery syndrome. Thus, Vincent, who was 16 at the time of trial, sought recovery of non-economic damages for his emotional distress and superior mesenteric artery syndrome. According to defense counsel, the plaintiffs asked the jury to award them $1.5 million in total damages. Defense counsel disputed the extent of the damages each child claimed. Counsel alleged that Ashleigh had no special damages and that although Vincent had a great deal of care provided at Loma Linda Hospital, all of which was not billed.
COURT
Superior Court of Los Angeles County, Pomona, CA

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