Director of after-school program "grooms" boy for years before sexually abusing him. $25M. Los Angeles County.
Student is abused by director of private school's after-school program.
- Case Name: Stephen W. v. Westerly School of Long Beach
- Court and Case Number: Los Angeles Superior Court / BC615649
- Date of Verdict or Judgment: Wednesday, June 06, 2018
- Date Action was Filed: Monday, April 04, 2016
- Type of Case: Sexual Abuse
- Judge or Arbitrator(s): Hon. Patrick T. Madden
Plaintiffs: Stephen W.
Defendants: Westerly School of Long BeachScott Durzo
- Type of Result: Jury Verdict
- Gross Verdict or Award: $25,300,000
- Contributory/Comparative Negligence: The jury apportioned 35% of the fault for the sexual abuse to the Westerly School and the remaining fault was apportioned to the perpetrator of the abuse, Scott Durzo.
Future medical expenses:$300,000
Past medical expenses: Waived
Past pain and suffering: $10,000,000
Future pain and suffering:$15,000,000
- Trial or Arbitration Time: 3 weeks.
- Jury Deliberation Time: 2 days.
Attorney for the Plaintiff:
Taylor & Ring LLP by John C. Taylor and Natalie Weatherford, Manhattan Beach.
Attorney for the Defendant:
Berman Berman Berman Schneider & Lowary by Mark Lowary and Michael Verska, Riverside.
Plaintiff’s Medical Expert(s):
Deborah Cresswell, Ph.D., adolescent psychology, Encino.
Avram Mack, M.D., psychiatry.
Facts and Background
Facts and Background:
In 2000, when Stephen W. was eight years old, he first met Scott Durzo while attending his summer sports camp, and continued to attend every summer without incident, getting to know and trust Durzo. Through the next several years, Durzo began to "groom" Stephen W. by paying special attention to him and acting as his mentor and friend.
Eventually, Durzo’s behavior began to shift and Durzo began to sexually abuse Stephen starting in 2006 when Stephen W. was 12 years old. In 2008, Durzo, who was in his mid 40s, was hired by Westerly School of Long Beach as the director of the after-school program. Durzo began to bring 15-year-old Stephen W., who was enrolled in home-study classes, with him to the school to use the school’s facilities and do his home-study work. Throughout the 2008/2009 school year, Durzo would take Stephen W. off the Westerly campus to his home and sexually abuse him.
Throughout the 2008/2009 school year, Westerly employees negligently supervised their employee Durzo and minor plaintiff, Stephen W., allowing the abuse to continue unhindered over the course of that school year.
The abuse began three years before Stephen W. and Scott Durzo were ever on the Westerly campus. All of the sexual abuse incidents occurred off campus at Scott Durzo's home.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
- Special Damages Claimed - Past Medical: 0
- Special Damages Claimed - Future Medical: $150,000
- Special Damages Claimed - Past Lost Earnings: 0
- Special Damages Claimed - Future Lost Earnings: 0
Per defense counsel:
Plaintiff asked for $50 million in total damages and asked that 80% ($40 million) be assessed against Westerly, and 20% against Durzo.
The jury found 35% to Westerly, 62% percent to Durzo and 3% to the parents of the plaintiff.