$5.5 million verdict after teacher engages in ongoing sexual contact with teen student. San Bernardino County.

Summary

High school teacher engages in ongoing sexual contact with a female freshman. District disputes extent of plaintiff's injuries and offers $100,000 before trial.

The Case

Case Name: Emily H. v. Chino Valley Unified School District
Court and Case Number: San Bernardino (Rancho Cucamonga)/ CIV-RS-1105580
Date of Verdict or Judgment: Tuesday, June 25, 2013
Date Action was Filed: Thursday, June 09, 2011
Type of Case: Sexual Abuse
Judge or Arbitrator(s): Hon. Janet Frangie
Plaintiffs:
Emily H., 14 y.o. minor
Defendants:
Chino Valley Unified School District; and John Hirsch
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $5,590,000
Net Verdict or Award: $5,590,000
Award as to each Defendant:
CVUSD: $3,390,000 Hirsch: $2,200,000

Per defense counsel: The jury found the plaintiff's parents to have been negligent, but did not apportion any fault to them since they did not conclude it was a substantial factor.
Economic Damages:
Future therapy expenses: $90,000
Non-Economic Damages:
Past emotional distress: $3,000,000

Future emotional distress: $2,500,000
Trial or Arbitration Time: 3 weeks
Jury Deliberation Time: 2 days
Jury Polls: 10-2

The Attorneys

Attorney for the Plaintiff:
Taylor & Ring by David M. Ring, Los Angeles.
Attorney for the Defendant:
Bell Orrock & Watase Inc by Dennis Popka, Riverside.

The Experts

Plaintiff's Technical Experts:
Charol Shakeshaft, school policies, Virginia
Defendant's Technical Experts:
Patricia Jaffe, school policies, Culver City
Veronica Thomas, Ph.D., psychology, Tustin

Facts and Background

Facts and Background:
Plaintiff Emily was 14 years old and a freshman at Chino Hills High School when her science teacher, John Hirsch, engaged in unlawful sexual activities with her. Hirsch was 40 years old.

Hirsch was subsequently arrested and convicted of unlawful sex with a minor and served a year in jail.
Plaintiff's Contentions:
That the school district was liable for its negligent retention and supervision of Hirsch.

In October 2010 the District learned of inappropriate emails sent by Hirsch to plaintiff. Hirsch was disciplined and ordered to stay away from the girl. Within weeks, Hirsch had the girl back in his classroom at lunch frequently. In February, the district informed Hirsch it was terminating his employment, effective at the end of the school year. Hirsch then began engaging in illegal sexual acts with the girl both in the classroom and off the school site. In June, Hirsch was caught using a ladder to try to climb into the girl's bedroom at her home.
Defendant's Contentions:
The School District claimed it appropriately disciplined Hirsch for the emails and never learned of any other misconduct by him for the remainder of the school year. The District disputed the nature and extent of the girl's claimed injuries and damages.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Severe emotional distress.

Special Damages

Special Damages Claimed - Past Medical: $5,000 (waived by plaintiff); $10,000 per defense.
Special Damages Claimed - Future Medical: $90,000

Demands and Offers

Plaintiff Final Demand before Trial: $2,000,000 per defense counsel.
Defendant Final Offer before Trial: $100,000

Additional Notes

Emily was 17 years old at the time of trial.

Per defense counsel: The trial court ruled that the defendants could not raise comparative fault as a defense in a negligence action and this, among other legal issues, will be the subject of appellate review.