The jury has ruled that ESD committed fraud and was grossly negligent. Estimated damages are $8.5 million, pending further testimony. The jury ruled that while ESD is a charity, it’s not subject to the $500,000 charitable immunity cap.
Right now, the punitive portion of the trial is in recess. A few of the charges that ESD was not found liable for include:
- ESD is not liable for failing to prevent to the assault of Jane Doe II.
- ESD’s negligence did not cause the relationship between Nathan Campbell and Jane.
- ESD did not fail to properly monitor Campbell and other employees while on school property.
- ESD did not fail to oversee the safety of its students while on campus.
In other news, the jury found ESD 40 percent responsible for the Doe’s damages, and Campbell was 60 percent responsible. Of course, the only party on trial right now is ESD.
Clarification: The jury did find ESD negligent for failing to properly “hire, train, or retain teachers” and to ensure they understood “limitations on personal interactions with students.” They did not find ESD liable for Jane’s actual, physical sexual assault, but they did find them liable for the conditions that led to it, with respect to proper teacher training.