Record $28 million verdict for a single plaintiff against a religious organization. Alameda County.

Summary

Plaintiff was molested as a child by an adult from her church during door-to-door community visits. The written policy of The Watchtower Bible and Tract Society on secrecy regarding known abuse was at issue.

The Case

Case Name: Jane Doe v. The Watchtower Bible and Tract Society of New York, Inc., et al
Court and Case Number: Alameda County Superior Court HG11558324
Date of Verdict or Judgment: Thursday, June 14, 2012
Date Action was Filed: Friday, January 28, 2011
Type of Case: Sexual Abuse
Judge or Arbitrator(s): Hon. Robert McGuiness
Plaintiffs:
Jane Doe
Defendants:
The Watchtower Bible and Tract Society of New York, Inc.
The Fremont California Congregation of Jehovah's Witnesses, North Unit
Jonathan Kendrick
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $28,000,001
Net Verdict or Award: $28,000,001
Award as to each Defendant:
$130,000 economic damages jointly to all defendants; $6,870,000 non-economic damages (60% to Kendrick; 27% to Watchtower; 13% to Congregation) $21,000,001 punitive damages against Watchtower only.
Economic Damages:
$130,000
Non-Economic Damages:
$6,870,000
Punitive Damages:
$21,000,001
Trial or Arbitration Time: 3 weeks
Jury Deliberation Time: 3 days
Jury Polls: 11-1 on negligence; 10-2 on malice; 10-2 on punitive damages
Post Trial Motions & Post-Verdict Settlements: Pending.

The Attorneys

Attorney for the Plaintiff:
Furtado Jaspovice & Simons by Rick Simons and Kelly Kraetsch, Hayward
Attorney for the Defendant:
James McCabe, San Diego for Congregation
Jackson Lewis LLP by Robert Schnack, Sacramento for Watchtower
No appearance by Kendrick

The Experts

Plaintiff’s Medical Experts:
Lynn Ponton, UCSF, Psychiatry
Laura Fraser, LCSW, San Diego
Laura Walton, M. D., Kaiser-Downey
Defendant's Medical Experts:
None
Plaintiff's Technical Experts:
Anna Salter, Ph. D., standard of care, Wisconsin
Carl Lewis, Child Sexual Abuse Accommodation Syndrome, Half Moon Bay
Defendant's Technical Experts:
Monica Applewhite, Ph. D., standard of care, Texas

Facts and Background

Facts and Background:
Jonathan Kendrick was reported to Watchtower New York and the North Fremont Congregation to have molested a 13-year -old girl in 1993. This information was kept secret from the Congregation members. Kendrick then repeatedly molested plaintiff, another Congregation member, between 1995 and 1996, when she was 9 and 10 years old.
Plaintiff's Contentions:
That Watchtower's written 1989 national policy of keeping secret the identities of known child sex abusers within its Congregations allowed Kendrick to molest a second victim from within the same small Congregation, during "field service," the door-to-door preaching that is done by Jehovah's Witnesses. That this policy of secrecy was adopted by Watchtower to hide the existence of sexual abusers within its organization and to prevent lawsuits by child sex abuse victims who would not know that Watchtower had actual knowledge of prior sexual molestations by the same perpetrator.
Defendant's Contentions:
That the policy of secrecy is not for the purpose of keeping abusers secret, and the molestation of another girl 2 years earlier had no relationship to the abuse of plaintiff. Defendants also disputed that Kendrick molested plaintiff during field service.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
2 years of serial, invasive sexual abuse at ages 9 and 10.
Lifetime PTSD, chronic; depression; a period of substance abuse between 2003 and 2010.

Special Damages

Special Damages Claimed - Past Medical: 0
Special Damages Claimed - Future Medical: $130,000 present cash value
Special Damages Claimed - Past Lost Earnings: 0
Special Damages Claimed - Future Lost Earnings: 0

Additional Notes

This is the largest verdict in a single victim child sex abuse/ religious organization case in the country.