Vol. 54 No. 1

Trial Magazine

Verdicts & Settlements: Schools

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Sexual Assault at Military Boarding School

January 2018

Doe, 16, attended the Army and Navy Academy, a military boarding school in Carlsbad, Calif. Juan Munoz, a teacher at the academy, invited Doe to his living quarters, where he plied him with alcoholic beverages. When Doe passed out, Munoz performed oral sex on him and took naked photographs of him. Doe suffered ­post-traumatic stress disorder and emotional distress, and he later struggled with drug addiction.

Doe sued the academy and Munoz, alleging sexual assault against Munoz and negligent supervision and retention against the academy. Suit claimed that the academy had known that Munoz had allegedly molested another student before assaulting Doe but failed to terminate his employment.

The jury awarded Doe more than $1.88 million, including $25,000 in punitive damages against Munoz. The academy was found 70 percent liable, and Munoz, 30 percent.

Citation: Doe v. Army & Navy Acad., No. 37-2014-0009527-CU-PO-NC (Cal. Super. Ct. San Diego Cnty. July 13, 2017).

Plaintiff counsel: Vince W. Finaldi, Irvine, Calif.; and William R. Fuhrman, Encinitas, Calif.

Plaintiff experts: Brian Jacks, psychiatry, Beverly Hills, Calif.; Erik Volk, economics, Walnut Creek, Calif.; Charol Shakeshaft, sexual abuse, Richmond, Va.; and Carol Hyland, vocational rehabilitation, Lafayette, Calif.

Defense expert: Dominick Addario, psychiatry, San Diego.