Trial Magazine

Doe, then 14, suffered from a low IQ and received special education services from the Mount Vernon City School District. After school personnel failed to place her on her designated bus at the end of a school day, an older male student led Doe off campus and raped her. Three months later, another student assaulted Doe in the school’s locker room, smashing her head into the locker room benches while the assailant’s friends filmed the incident.

Doe had to leave school for the remainder of the year and was home-schooled by her aunt. Now 20, Doe suffers from a traumatic brain injury and post-traumatic stress disorder.

Doe’s guardian sued the school district, alleging negligent supervision, general negligence, and negligent security. Suit claimed that the defendant failed to ensure Doe was placed on her bus at the end of every school day, which made her a target of bullying and led to her rape. The plaintiff also asserted that the defendant failed to instruct teachers and assistants to keep watch over Doe at all times.

The jury awarded $28 million for Doe’s pain and suffering.

Citation: Doe v. Mt. Vernon City Sch. Dist., No. 70026/2012 (N.Y. Sup. Ct. Westchester Cnty. Nov. 30, 2018).

Plaintiff counsel: AAJ members Andrew S. Buzin and Jordan Merson, both of New York City.

Plaintiff expert: Jeannette Wasserstein, neuropsychology, New York City.

Defense experts: Barbara Baer, neuropsychology, Ardsley, N.Y.; Karen Weingarten, neuroradiology, New Rochelle, N.Y.; and Russell Moore, school principals, Latham, N.Y.