Date: 10-24-2009

Case Style: Sean Levens and Scott Nunley v. Salvation Army and Stephen Watson

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Court: Superior Court, Sonoma County, California

Plaintiff's Attorney: Jeremy Fietz and Rex Grady, Law Offices of Donald S. Edgar, Santa Rose, California

Defendant's Attorney: Steve Werth, Low Ball & Lynch, San Francisco, California for the Salvation Army.

Description: Sean Levens and Scott Nunley sued Stephen Watson on a civil assault and battery theory and the Salvation Army on negligence and respondeat superior liability theories after they were attacked and beaten by Watson and others at the Salvation Army's Lytton Springs facility. Plaintiffs claimed that the Salvation Army acted negligently when it hired Watson to supervise more than 90 recovering addict-residents at its facility given that he had recently graduated from the program himself.

Levens suffered permanent brain damage as a direct result of the injuries that he sustained during the attack on November 25, 2005. Watson and Terry Terwilliger were convicted of felony assault and battery. Watson, age 22, was hired as a driver after completing a program for methamphetamine addiction and then promoted into a management position with supervisory authority over participants in the program. Testimony during the trial revealed widespread abuse of proper procedures for a properly run drug rehab program including facilitating consumption of alcohol.

The defenses asseted by the Salvation Army are not available. Watson cooperated with the attorneys for the Plaintiffs in the testimony that he gave.

Outcome: Plaintiff's verdict for $1 million with a finding that the Salvation Army was 805% at fault for the assault and battery and resulting injuries. Watson was found to have been 11% at fault.

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Defendant's Experts:

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