Case details

School district failed to prevent student’s sexual assault: suit

SUMMARY

$23000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, mental, psychological
FACTS
During the 2008/2009 school year, the plaintiff, a 10-year-old fifth grade student who went by the name “Matt,” was allegedly sexually assaulted by Forrest Stobbe, his fifth grade teacher at an elementary school in the Los Angeles Unified School District. Matt also claimed that Stobbe sexually assaulted him during summer excursions to amusement parks after school let out in June 2009. In September 2011, Stobbe pleaded guilty to criminal charges of continuous sexual abuse of Matt. Matt’s father, Walter, acting as the guardian ad litem, sued Stobbe and the Los Angeles Unified School District. He brought causes of action for negligent supervision, negligent retention and breach of mandatory duty against the school district. Stobbe was ultimately dismissed as a party prior to trial. Plaintiff’s counsel contended that the principal of the elementary school and other Los Angeles Unified School District executives and administrators had prior notice of Stobbe’s improper conduct, which presented a danger to students, yet chose not to adequately monitor or supervise the conduct. Counsel argued that as a result Matt was repeatedly molested during the school year. In addition, counsel argued that the school district was responsible for any off-premises molestation since it began on school premises. Matt claimed that two years before he was molested, the principal saw Stobbe put a female student in his car, but took no action because the principal believed Stobbe was friends with the girl’s parents. Matt also noted an incident in the fall of 2008, during which a 10-year-old female student complained that Stobbe put her hair in a ponytail and tapped her once in the upper hip/buttock area. Counsel for the Los Angeles Unified School District noted that the first prior incident was that Stobbe gave a female student a ride home with verbal parental permission, and that the second prior incident involved a female student alleging that Stobbe touched her hair and buttocks during a math problem in a crowded classroom. Thus, counsel argued that the plaintiff’s evidence, based on two prior incidents, was insufficient to give school officials notice that Stobbe posed a danger to students. The principal of the elementary school in the Los Angeles Unified School District testified that she called the Los Angeles Police Department about the incident with the 10-year-old female student, mailed a Suspected Child Abuse Report to the police department, and sent the report to other Los Angeles Unified School District executives and administrators. However, she claimed that after she reported the incident, the police told her to handle it administratively. The principal claimed that as a result, she investigated the alleged touching of the 10-year-old female student and found, based on the numerous statements taken, that the claims were insufficient to require her to tell employees that Stobbe would harm children. In addition, the principal claimed that she monitored Stobbe in a reasonable manner. Defense counsel further asserted that the Los Angeles Unified School District was not responsible for the acts of abuse that took place during the summer of 2009, after Matt had graduated from elementary school and the school year had ended., Matt claimed he suffers continuing psychiatric residuals resulting from the repeated sexual abuse, including not only post-traumatic stress disorder, but also severe anxiety, humiliation, mental suffering, fear of intimacy, shame and loss of enjoyment of life. He alleged that after his classmates learned of the molestations, he faced daily taunts at school, such as “Where’s your boyfriend?” He claimed that as a result, he considered suicide and wrote a will saying goodbye to those he loved. Matt claimed he continues to suffer panic attacks when he is alone with an adult male who in any way resembles Stobbe. Thus, he treats with ongoing psychiatric therapy. Plaintiff’s counsel asked the jury to award Matt a total of $25 million in past and future noneconomic damages. All claims for past and future economic damages were waived. Counsel for the Los Angeles Unified School District contended that while Matt did suffer some emotional distress from the sexual abuse, he also had significant problems in his home life and an unrelated attention deficit-hyperactivity disorder condition.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case