MG+M The Law Firm attorneys, in conjunction with the San Diego law firm Higgs Fletcher & Mack, secured a significant defense verdict on behalf of the San Diego Unified School District in B.S. v. San Diego Unified School District, a lawsuit alleging the district failed to prevent and respond to alleged abuse by a former school employee in the 1970s. The case was tried over eight days in California state court.
 
The plaintiff sought between $5 million and $15 million in damages and asked the jury to assign 100% fault to the district. After deliberations, the jury found that while the district was negligent, the negligence was not a substantial factor in causing the plaintiff’s alleged harm. The jury also found that the district did not know, and should not have known, that the former employee was unfit. The jury returned a complete defense verdict for the district, awarding no damages.
 
The defense team successfully demonstrated that the evidence did not establish that district personnel received notice of the alleged abuse and highlighted testimony from former still living school employees and experts.
 
The result is particularly noteworthy given the significant risks associated with trying high-exposure cases in California, a jurisdiction known for some of the country’s largest jury verdicts. The case involved allegations dating back more than 50 years, requiring the defense to address claims despite the passage of time, the loss of historical records, and the unavailability of many potential witnesses.
 
The matter was defended by trial team Susan Hack of Higgs Fletcher & Mack as lead trial attorney and Laurelly Dale, trial lawyer and partner at MG+M. Other MG+M contributors to the successful verdict included Partners Anthony Miller and Pamela Budreau and Associates Caleb Brady and Emily Sample.