Case details

Sexual assault of minors during class did not occur: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In August 2013, minor plaintiffs Isis R., Tamar R. and Vanessa T., were allegedly inappropriately touched while in class, during school hours, by their third-grade teacher, Alejandro Ochoa. They claimed that Ochoa’s inappropriate behavior continued over a three-week period. However, charges were never pressed against Ochoa. Isis, Tamar and Vanessa, through their respective guardians ad litem, sued Ochoa and Ochoa’s employer, the National School District. The minor plaintiffs alleged that Ochoa had sexually assaulted them and that the school district was liable for Ochoa’s actions. They also alleged that the school district was negligent in the hiring, retention and supervision of Ochoa. Although Teresa Grame, a licensed clinical social worker, and Rady Children’s Hospital San Diego were listed in the case caption, the were allegedly not defendants and were only listed because they appeared in the case to file a protective order. In addition, Ochoa settled out of the case. Thus, the matter continued against the school district only. The plaintiffs claimed that Ochoa sat next to them during class and made them put their hands on his penis. Defense counsel for the National School District denied the sexual assault ever took place, and argued that the students’ testimony was very hard to believe. Specifically, counsel contended that the minor plaintiffs claimed that the touching started immediately at the start of school and that it happened in the middle of class for anyone to see, but that no other student could confirm that the incidents took place and the plaintiffs, themselves, admitted that they did not even see each other being allegedly touched. Counsel further argued that there were other impossibilities, including things that physically could not have happened. The school district’s counsel argued that even if the assault did take place, the National School District was not negligent in its hiring, supervision, or retention of Ochoa, as the school district had no reason to know anything bad was happening. Counsel contended that the principal was constantly in Ochoa’s class, as were other teachers and parents, and that no one ever saw or reported anything unusual. In fact, defense counsel noted that all teachers came to Ochoa’s defense., Isis, Tamar and Vanessa each claimed that they were sexually assaulted and suffered from emotional distress as a result of the incidents. They subsequently underwent medical treatment. Thus, Isis, Tamar and Vanessa sought recovery of $40 million in total damages.
COURT
Superior Court of San Diego County, San Diego, CA

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