Trial Magazine

Doe, 15, attended the Westerly School’s after-school program and served as a student assistant for the program. Scott Durzo, who led the program, began to groom Doe by complimenting him, sharing personal information, and touching him. School employees noticed that Durzo was “touchy-feely” with the children enrolled in the program, including Doe, and began to remove their own children from the program; however, the school administration failed to investigate Durzo.

Durzo later began sexually abusing Doe, including oral copulation and sodomy. The abuse continued for almost a year. Now 26, Doe has experienced severe emotional distress and attempted to take his life on two occasions. Doe eventually told his parents what he had experienced, which led to Durzo’s arrest.

Doe sued the Westerly School, alleging it failed to adequately supervise him and ensure his safety while at the school. The plaintiff asserted that the defendant failed to adequately train its staff on following the correct protocol for suspected abuse and reporting inappropriate behavior. The plaintiff also named Durzo in the lawsuit.

The jury awarded $25.3 million, apportioning liability at 65 percent to Durzo and 35 percent to the school.

Citation: Doe v. Westerly Sch. of Long Beach, No. BC615649 (Cal. Super. Ct. Los Angeles Cnty. June 6, 2018).

Plaintiff counsel: AAJ members John C. Taylor, Los Angeles; and Natalie Weatherford, Manhattan Beach, Calif.