Case details
Swim association: Training and policies met standard of care
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2017, the plaintiff, a 12-year-old girl, began to be sexually abused by her swimming coach, Shunichi Fujishima, at Stockton Swim Club, a nonprofit organization. She claimed that Fujishima sexually abused her numerous times in 2017 and 2018. Fujishima ultimately pleaded guilty to sexual abuse in August 2019, and he was sentenced to 12 years in prison in October 2019. The minor girl, acting by and though her guardian ad litem, sued Fujishima; Stockton Swim Club; the national governing body for the sport of swimming in the United States, USA Swimming Inc.; and a regional arm for USA Swimming, Pacific Swimming. She alleged that Fujishima’s actions constituted sexual assault. She also alleged that the remaining defendants failed to properly supervise its coaches and swimmers, and failed train its coaches, officials and other organization members in how to recognize, prevent and report sexual abuse. Fujishima did not appear, and was dismissed from the case. In addition, Stockton Swim Club and Pacific Swimming settled before trial, and that matter continued against USA Swimming only. Plaintiff’s counsel contended that Fujishima exhibited predatory grooming behavior, which was displayed on a regular basis at both practices and swim meets, before numerous coaches and swim officials, but that USA Swimming failed to do anything about it. Counsel further contended that USA Swimming was negligent in their training of parents, coaches, officials and other organization members in how to recognize abuse, which would have resulted in the reporting of Fujishima’s predatory grooming behavior. Defense counsel maintained that USA Swimming never received reports from anyone about Fujishima, including reports from other parents, and that USA Swimming’s training and policies met or exceeded the standard of care. Counsel also contended that the minor swimmer’s mother worked for a women’s shelter and was a mandated reporter herself, but that she also did not recognize any signs of abuse., The female swimmer claimed that she was sexually abused by Fujishima when she was 12 and 13 years old. She claimed she suffers from emotional distress as a result of the events. According to defense counsel, plaintiff’s counsel asked the jury to award $54 million for the swimmer’s past and future emotional pain and suffering.
COURT
Superior Court of San Joaquin County, San Joaquin, CA
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