Referee has sexual relationship with underage female water polo player. $2.0 million net verdict. San Bernardino County.

Facts and Background

• Facts and Background:

  Plaintiff's father and defendants Nicolas M. Simental and Stephen Born were members and officers of the Southern California Aquatics Federation, an organization that trains and assigns water polo referees to officiate high school and college water polo matches. Plaintiff Jane Doe, 15 years old at the time of the incident, engaged in a sexual relationship with then 27-year-old Nicolas Simental from around June, 2005 through November, 2006. The majority of the sexual encounters occurred at the minor plaintiff's home.  In July 2007, plaintiff's father read her diary and learned of the relationship, which he reported to police. The police arrested Simental a month later.  

  Defendant Simental pled no contest to the criminal charges as part of a plea bargain. 

• Plaintiff's Contentions:

  Plaintiff contended that Simental engaged in unlawful sexual intercourse with her. This issue was not contested. Plaintiff further contended that defendant Born knew or should have known about the relationship and failed to report it. And finally, the contention as to the Southern California Aquatics Federation was that it is vicariously liable for the actions of SImental and Born.

• Defendant's Contentions:

  Simental did not dispute the sexual relationship. However, he claimed that he told defendant Born about the relationship the morning following the first sexual intercourse. Born contended that the conversation never took place and that there was no reason for him to suspect the relationship.