Damages lawsuit related to a sexual offense contesting tort liability and the amount of compensation for emotional distress
Overview
A victim and the victim's parents sued for damages against a defendant who had been criminally tried on a rape charge, and against the defendant's parents.
The plaintiffs sought compensation for emotional distress based on the facts of the crime found in the criminal case, and the defendant's side contested whether tort liability was established and the scope of damages.
Key Issues
At issue were whether civil tort liability arose on the premise that a guilty verdict had been rendered in the criminal case, and whether the defendant's parents could also be held liable for damages.
Another key issue was how the money deposited with the court during the criminal trial, and its receipt by the victim's side, should be reflected in calculating damages.
Our Work
We analyzed the investigation records and trial records from the related criminal case and organized the defendant's side's arguments on whether tort liability was established.
We also reviewed the scope of and causal link for the emotional damages claimed by the victim's side and the payment and receipt of the earlier court deposit, and responded to the claim for additional damages.
We also filed an objection to the court's decision in lieu of mediation, and the lawsuit continued.

