J.People
J.People v. Carlsbad Unified School Dist. CA4/1
Opinion
Opinion
Nares, J.
A jury found defendant Carlsbad Unified School District (CUSD) liable for negligently supervising an elementary school teacher, Raymond Firth, who sexually molested plaintiffs J.P. and E.B. (together, the minors). The jury awarded the minors economic and noneconomic damages. After entering judgment on the jury’s verdict, the trial court denied CUSD’s motions for judgment notwithstanding the verdict and for a new trial. Firth was a defendant in the trial court but is not a party to this appeal.
CUSD contends the court erred in denying its motion for judgment notwithstanding the verdict (and its earlier motion for nonsuit) because (1) the minors did not file a government claim with the CUSD within the required six-month period (Gov. Code, § 911.2) and (2) the evidence did not support the minors’ argument that CUSD was equitably estopped from enforcing this limitation. CUSD also contends the court erred by providing incorrect jury instructions, and an insufficient special verdict form, on the issue of equitable estoppel. CUSD further contends the court erred in denying its motion for a new trial because the evidence did not support the jury’s award of future economic…