Date: 01-23-2015

Case Style: Steven Herman v. Glenpool Public Schools

Case Number: CJ-2013-5365

Judge: Rebecca B. Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Johnny AkersM and Fred Esser

Defendant's Attorney: Eric Janzen and Clark Crapster

Description: Plaintiff, S. H., through Steven Herman and Cheryl Herman, as parents and guardians of
S. H., a minor, and Steven Herman and Cheryl Herman, in their individual capacity, (collectively “Plaintiffs”) hereby assert the following claims against the Defendants. In support of their claims, Plaintiffs allege as follows:
JURISDICTION, PARTIES & VENUE
1. Plaintiffs are residents of Tulsa County, Oklahoma. Steven Herman and Cheryl Herman are related to S. H. as parents and child; Defendant John Doe is a person unknown to the Plaintiffs but responsible for certain criminal conduct relevant to this case and as of yet not apprehended by law enforcement; Defendants Unknown Administrators and Employees are employed by Defendant Glenpool School District where Plaintiffs as parents living in that district with a minor child are under a statutory duty to compel the minor child to attend school under the Oklahoma
Compulsory Education Act. OKLA. STAT. TIT. 70 § 10-105.
2. Defendant, Glenpool Public School District (“School”) is a governmental entity organized under the laws of the State of Oklahoma and does business in Washington County, Oklahoma. Defendant School’s primary purpose is that of providing free school education whose boundary lines are a matter of public record, and the area of which constitutes a compete tax unit. Unknown administrators and employees are in the service of Defendant School and are alleged to have participated in the harmful actions hereinafter described.
3. Plaintiff has complied with the notice provisions of the Governmental Tort Claim Act. Plaintiff gave notice to School of the claims asserted herein on or about the 12th day of March, 2013.
4. Jurisdiction and venue are proper in the District Court for Tulsa County, Oklahoma. The actions at issue were committed by actors located in the State of Oklahoma and occurred in Tulsa County, Oklahoma.
FACTS GIVING RISE TO CLAIMS
5. On or about January 8, 2013, Plaintiffs, Steven Herman and Cheryl Herman, became aware that a sexual assault on their daughter, S. H. had occurred earlier in the day after she left Glenpool Middle School.
6. Upon information and belief, the Glenpool Police Department opened an investigation and attempted to locate the John Doe or unknown assailant responsible for molesting the minor child.
7. The Plaintiffs, upon learning of the sexual assault, reported the matter to law enforcement and authorized evidence to be obtained from S. H. by means of a sexual assault examination.
8. Subsequent investigation revealed that S. H. had been part of her usual classes as a
special needs student but had been allowed by unknown administrators or employees
in the employ of Defendant Glenpool School District to leave the Glenpool Middle School without supervision and contrary to the specific instructions from her parents, the Plaintiffs, that if S. H. were not riding the bus home after school, they were to be contract so they could pick her up at school.
9. Plaintiffs Steven Herman and Cheryl Herman did not learn of the failure of the
Defendant Glenpool Public School to properly supervise their daughter, S. H., until S.
H. arrived home late and notified Plaintiff of the sexual assault involving Defendant
John Doe.
10. Defendant School violated both State law and its own policies in failing to properly supervised S. H., a minor and special needs student despite the Plaintiffs have made previous arrangements with Defendant School for those occasions when S. H. missed the bus.
11. As a result of Defendant School’s actions andJor inactions, Plaintiffs have suffered physical, mental and emotional injuries.
12. As a result of Defendant John Doe’s actions, Plaintiffs have suffered physical, mental and emotional injuries.
CAUSES OF ACTION
FIRST CAUSE OF ACTION: NEGLIGENCE
13. Plaintiff incorporates the above paragraphs as though set forth below verbatim.
14. Defendant School and Defendants Unknown Administrators and Employees owed a duty of reasonable care to Plaintiffs.
15. Defendant School and Defendants Unknown Administrators and Employees breached their duty to Plaintiff as a result of their actions and/or inactions in relation to the conduct of Defendant John Doe and did so with reckless disregard to the well-being of S. H., a child with special needs know to them.
16. That Defendants School and the Unknown Administrators and Employees, through their reckless actions, placed S. H. on the streets of Glenpool, alone and unsupervised, making her vulnerable to a sexual predator such as Defendant John Doe.
17. As a direct and proximate result of Defendant Schools’ breach of its duty, Plaintiffs, Steven Herman and Cheryl Herman, both as guardians of S. H. and individually, as well as S. H., a minor, have sustained injuries and damages.
SECOND CAUSE OF ACTION:
ASSAULT AND BATTERY
18. Plaintiff incorporates the above paragraphs as though set forth below verbatim.
19. On January 8, 2013, Defendant John Doe committed criminal, harmful and offensive contact with the minor child, J. Doe, causing injury and damages.
20. Defendant John Doe’s actions were intentionally committed ultimately resulting in personal injuries. As a direct and proximate result, Plaintiffs have suffered damages.
21. Defendant John Doe’s actions were intentionally committed without regard to the well being and safety of the minor child, S. H.
22. As a direct and proximate result of this Defendant’s actions, the minor child, S. H., sustained injury and damages.
THIRD CAUSE OF ACTION:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
23. Plaintiff incorporates the above paragraphs as though set forth below verbatim.
24. Defendant John Doe acted intentionally to commit the extreme and outrageous sexual misconduct inflicted upon the minor child, S. H.
25. Defendant John Doe’s actions caused the minor child, S. H., to suffer severe emotional distress.
26. As a direct and proximate result of Defendant’s actions the minor child, S. H.,
sustained injury and damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays this Court enter judgment against Defendants on all of the claims for relief and for an award of compensatory damages in an amount of One Million Dollars ($1,000,000.00) and exemplary or punitive damages against Defendants in an amount in excess of One Million Dollars ($1,000,000.00) to deter Defendants from committing such deliberate indifference, recklessness, gross negligence, and with intentional malice in the future, and to apprize the public at large that society does not condone such actions or omissions to act; to grant Plaintiffs any and all pre-judgment and post-judgment interest on any award of judgment at the current statutorily allowed rate until paid; grant Plaintiffs costs and expenses properly related to this action, attorneys’ fees; and for such other and further relief as this Court deems just and proper.

Outcome: Settlement for #2,312 approved by the Court and case dismissed.

Plaintiff's Experts:

Defendant's Experts:

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