Case details

Parent’s molestation claims were false, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2016, the plaintiff, a 5-year-old student, was allegedly inappropriately touched by Lyle Burgess, 79, a Stockton executive, at his cabin in Calaveras County. Burgess pleaded no contest but did not admit guilt in the ensuing plea agreement, which was agreed to by the girl’s parents. Burgess was sentenced to 90 days at-home detention, and he was not required to register as a sex offender. The minor plaintiff’s mother, who was acting individually and in behalf of her daughter, and the minor plaintiff’s father, who was acting individually, sued Burgess. The lawsuit alleged that Burgess molested the minor plaintiff. The parents’ individual claims were dismissed. Plaintiff’s counsel noted that the minor plaintiff’s father knew Burgess for decades prior to the alleged incidents. The girl’s mother alleged that while they were at Burgess’ cabin in 2016, she witnessed two incidents in which her daughter was inappropriately touched by Burgess. She claimed that her daughter was fondled by Burgess and that when she confronted him, Burgess admitted to touching the child. Defense counsel noted that the girl initially denied the alleged molestation when she first spoke with law enforcement. Defense counsel argued that Burgess never molested the girl and that the girl’s parents were merely seeking money., The minor plaintiff’s mother claimed that her daughter was molested and that her daughter suffered severe emotional distress as a result of the assault. She also claimed that her daughter will require counseling for the rest of her life. The minor plaintiff’s mother sought recovery for her daughter’s future medical care and future loss of earnings. She also sought recovery of damages for her daughter’s past and future physical and emotional pain and suffering. The defense’s psychiatry expert opined that the minor plaintiff did not exhibit symptoms substantiating, or consistent with, the molestation allegations.
COURT
Superior Court of San Joaquin County, San Joaquin, CA

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