Case details

Plaintiff: School failed to report suspected sexual abuse

SUMMARY

$25300000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In the fall of 2008, plaintiff Stephen W., 15, a student, was hired by Scott Durzo to work as an assistant coach for the after-school program at Westerly School of Long Beach, a private school in Long Beach that offers elementary and middle school education from kindergarten through eighth grade. Durzo had a history of molesting Stephen. Stephen had attended Durzo’s well-known summer sports camp for youths, in Seal Beach, every summer since 1999, when Stephen was 6 years old. Then, in mid-summer of 2006, Durzo started to take Stephen, then 13, to his apartment and molest him. The abuse continued through the summer of 2008. Durzo was eventually hired by Westerly to run its after-school program in the fall of 2008. Durzo hired Stephen to work as an assistant coach for that program. By the time Stephen was a junior in high school, Westerly hired Stephen as a recess supervisor for the school. At that time, Stephen did his school work via online studies and was permitted to do his online study work in Westerly’s library, whenever Stephen was not performing his job duties. During that time, Stephen continued to be molested by Durzo. The abuse ultimately ended in July 2009, when Stephen quit working for Durzo and Westerly. In 2014, when Stephen was 21 years old, Stephen reported Durzo’s abuse to the Seal Beach Police Department for the first time. Durzo then confessed to the crimes during a pretext phone call and in a face-to-face meeting, where Stephen was wearing a wire. Durzo was eventually arrested in May 2014, and he is awaiting trial on 20 felony counts of child molestation charges. Stephen sued Durzo and Westerly School of Long Beach. Durzo defaulted and was not represented at trial. Plaintiff’s counsel noted that during the 2008-2009 school year, Durzo sexually abused Stephen multiple times a week at Durzo’s apartment, outside of the Westerly campus. Counsel asserted that within the first few months of Stephen and Durzo being on the Westerly campus, Westerly teachers and staff began to suspect that there was an inappropriate relationship between Durzo and Stephen, yet they failed to take any action to supervise Durzo or Stephen more closely. Plaintiff’s counsel argued that Westerly was negligent for inadequately supervising Durzo and/or Stephen. Counsel also argued that the Westerly’s teachers and staff were not adequately trained as “mandated reporters.” Westerly’s counsel argued that the training of Westerly’s teachers and staff was adequate and that Durzo was a classic pedophile who was never suspected of acting inappropriately. Counsel also argued that the abuse happened before Durzo came to Westerly and took place off campus., Stephen was repeatedly molested from the summer of 2006 through July 2009. After years of struggling with drug and alcohol abuse, and two suicide attempts, Stephen, in 2014, told his father what had happened. He then reported the incidents to the police and sought counseling briefly with a social worker that year. Stephen is now 25 years old and he had recently completed inpatient therapy before testifying at trial. However, he claimed he continues to suffer from emotional distress and has trouble maintaining any type of relationship as a result of the abuse. Westerly’s counsel disputed Stephen’s alleged ongoing damages, arguing that Stephen’s emotional distress problems were caused by his tumultuous relationship with his girlfriend of several years.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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