Case details

Plaintiff: Church knew of bible study teacher’s molestations

SUMMARY

$13500000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 1985, plaintiff Jose Lopez, a 7-year-old minor child, was receiving Bible study lessons from Gonzalo Campos, a Jehovah’s Witness. Jose’s family was active in the Linda Vista Spanish Congregation of Jehovah’s Witnesses, San Diego, since the early to mid-1980s. Jose’s mother received Bible study lessons from a Jehovah’s Witness named Aurora, who mentioned that Jose should be getting Bible study lessons and suggested that Campos would be a good teacher because he was known to give lessons to children. Campos had been involved with the church from 1979 through 1987, when he became associated with the church’s other branch in La Jolla, the La Jolla Spanish Congregation of Jehovah’s Witnesses, later known as the Playa Pacifica Spanish Congregation of Jehovah’s Witnesses. He was also a baptized publisher, preached to the congregation at the church, preached to families in the community of the church, and taught Bible study lessons to Jehovah’s Witness children from the church. An elder, Ramon Preciado, subsequently brought Campos to Jose’s home so that Campos could begin the lessons. Jose’s mother agreed. Campos subsequently gave Jose several Bible study lessons. However, during the one of the lessons, Campos allegedly molested Jose. Jose reported the abuse to his mother, who, in turn, reported it to Aurora. Elder Preciado was then contacted by Aurora, and then questioned Jose and his mother about the allegations. Other elders were also involved in the investigation. Campos ultimately filled out a form for each Bible study lesson he gave to any minor, which identified the respective Bible study students, their addresses, and the dates of the lessons. Campos then submitted each form to the secretary of the church, who was also one of the elders. Jose, now 36, sued Campos; the Linda Vista Church; and the church’s supervisory organization, the Watchtower Bible and Tract Society of New York Inc. Jose alleged that Campos’ actions constituted negligence, sexual battery and sexual harassment. He also alleged that the church and its supervisory organization were negligent for failing to warn, train and educate him, and were negligent in the supervision, hiring and retention of Campos. Campos confessed to the molestation of Jose during depositions. However, Campos fled to Mexico and did not appear at the bench trial. It was also determined that Linda Vista Church was judgment proof, and subsequently dismissed from the case. Thus, the matter continued against the Watchtower Bible and Tract Society of New York only. Plaintiff’s counsel contended that the elders of the Linda Vista Church were aware that Campos was a child molester since as early as 1982, when another victim reported to his mother that he had been abused. Counsel contended that the other victim’s mother also reported the abuse to the elders and that Campos confessed to acting inappropriately toward that victim. However, plaintiff’s counsel argued that the elders chose to take no action against Campos. Counsel contended that the church leaders did not report Campos to law enforcement, did not warn other parents of the congregation, never checked to see if Campos might be abusing other children of the congregation, allowed him to give Bible study lessons to young children, and, ultimately, recommended Campos to Jose’s mother as someone who should teach Jose. Plaintiff’s counsel argued that even despite the reports and Campos’ confession of abusing both the 1982 victim and Jose in 1986, Campos was allowed to remain in the congregation and, over the next 12 years, was even elevated up the organizational ladder until he ultimately became an elder in 1993. According to plaintiff’s counsel, during that time frame, Campos confessed to sexually abusing at least eight children. Counsel further contended that the elders and the organization took no action for almost a year after receiving another written complaint in April 1994 from a mother of one of the victims whose son was molested by Campos in approximately 1984. In addition, plaintiff’s counsel contended that even after Campos was expelled as a known and confessed child molester, Campos was reinstated within a few years without any warning to parents of children within the congregation. According to plaintiff’s counsel, there were two previously filed lawsuits involving six victims of sexual abuse by Campos between 1983 and 1995. Counsel for the Watchtower Bible and Tract Society of New York argued that the arrangement to have Campos teach Jose was set up by Jose’s mother, despite being advised not to by her own Bible study teacher. Counsel also argued that Jose’s Bible study lessons with Campos were conducted in Jose’s home, with his mother present. Watchtower’s counsel further argued that Campos was given permission by Jose’s mother to take Jose on a job that he was doing and that the abuse took place on that one occasion, and not during a Bible study lesson. In addition, Watchtower’s counsel moved for summary judgment, arguing “no ratification” based on the claim that Campos was not an agent of Watchtower. However, the motion was declined by Judge Joan Lewis. Watchtower’s counsel also noted that Lewis refused to read Watchtower’s objections to turning over documents from all over the United States, of which, most had nothing to do with Jose. Counsel further noted that Lewis demanded that the documents be turned over to plaintiff’s counsel, despite the fact that those documents could not be gathered, much less determined if they responded to the demand, within the time frame given. Counsel claimed that as a result, Lewis terminated Watchtower from the case., Jose was molested when he was 7 years old. He was subsequently diagnosed with post-traumatic stress disorder and has received treatment relating to drug and alcohol abuse. Jose, now 36 years old, is continuing to receive psychological counseling relating to his PTSD. Thus, he sought recovery of emotional distress damages and punitive damages. According to plaintiff’s counsel, Watchtower’s counsel intended to bring a motion for summary judgment claiming that punitive damages were not liable, but that Lewis would not hear it.
COURT
Superior Court of San Diego County, San Diego, CA

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