Trial Magazine

Doe, 7, participated in an after-school program run by the Boys & Girls Clubs of Kern County, which partnered with the Lamont Elementary School District. For three years, district employee Jonathan Avalos molested Doe. Although Doe told the school that Avalos was touching her inappropriately, the school did not report this to police. Additionally, Doe was sent back to Avalos’s classroom. As a result of the abuse, Doe has been diagnosed as having post-traumatic stress disorder.

Doe sued the school district, the Boys & Girls Clubs, and Avalos, alleging sexual assault and negligent supervision and retention. The plaintiff charged that despite written reports about Avalos’s inappropriate behavior toward female students, the district gave Avalos only a warning, transferring him numerous times.

The defense disputed the nature and extent of Doe's damages, but during trial, the school district and the Boys & Girls Clubs settled for $1.54 million. The jury awarded $10 million in punitive damages against Avalos.

Citation: Doe v. Lamont Elementary Sch. Dist., No. BCV-16-102861 (Cal. Super. Ct. Kern Cnty. Jan. 30, 2019).

Plaintiff counsel: AAJ member Daniel Rodriguez, Chantal A. Trujillo, and Danay Gonzalez, all of Bakersfield, Calif.; and Kenneth Turek, San Diego.

Plaintiff expert: Susan Ashley, child psychology, Northridge, Calif.