Vol. 57 No. 5

Trial Magazine

Verdicts & Settlements: Schools

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Negligent hiring, retention of teacher

May 2021

While Doe, 16, was attending The Bishop’s School, a college prep school, his computer science teacher, Irasema Triana, allegedly began to socialize with him. This included inviting him over to her home and having him babysit her children. Their interaction allegedly escalated to include sexual contact, some of which occurred on school premises. Although other instructors allegedly witnessed Doe and Triana alone together, no one reported their suspicions to law enforcement.

Doe sued the school, alleging improper hiring and retention. The plaintiff claimed that the defendant knew or should have known about the dangers posed by Triana, who lacked a teaching credential or a bachelor’s degree.

The defense disputed liability and argued that it had not been aware of Triana’s misconduct.

The parties settled for $1.4 million.

Citation: Doe v. Roe School, No. 37-2019-00047751-CU-PO-CTL (Cal. Super. Ct. San Diego Cty. July 10, 2020).

Plaintiff counsel: AAJ members John C. Manly, Vince W. Finaldi, Alex E. Cunny, and Taylor W. Boren, all of Irvine, Calif.