Although not within our normal area of practice, we were asked to assist as counsel for one or two plaintiffs in a sexual battery-molestation case. Both plaintiffs were minors at the time of the molestations, one being the defendant's daughter, who is still a minor, and the other being a child whom the defendant babysat, who is now twenty years old.
In March of 1996, criminal charges, which included Lewd Act with Child under 14 with Duress (Penal Code Section 288(b)), Continuous Sexual Abuse (288.5), Rape (Penal Code Section 261 (a) (2)), Oral Copulation with Duress (288 (a) (c)), and Penetration of Vagina with Duress (289 (a)) were brought against the defendant, who is the heir to a major brewery. On June 17, 1997, he was convicted of fifteen counts of child molestation, nine of which related to our client, spanning a two year period of time. He has been sentenced to serve 265 years in a state prison.
The civil trial began in March 1988 following your garden variety discovery motions, motions in limine, and last minute procedural encounters. Judge Robert M. Letteau in Department Q of the West District presided over the six day bench trial. The daughter did not testify, although her mother did as her Guardian ad litem. The other plaintiff, our client, testified as well. She spoke of her experiences in life following the molestations, her expectations as a child, and her current life status, among other things. Our expert, Paul R. Tobias, M.D., psychologist proved invaluable in explaining the affect the molestations had upon her life in the past, their current affect, and eternal affects on her future. The defendant testified from prison via videotape and offered the testimony of his expert.
After receiving oral and documentary evidence and receiving attorney argument, Judge Letteau rendered a verdict in favor of our client against the defendant in a total amount of $7.9 million, consisting of the following: general damages in the amount of $900,000.00; special damages in the amount of $100,000.00; and punitive damages in the amount of $6,900,000.00.
The defendant is the primary beneficiary of two trusts created in the State of Wisconsin and owns real property in Wisconsin. We are actively working with local counsel in Wisconsin to enforce the Judgment against such assets.
