Plaintiff was a woman in her mid-50’s who had been sexually involved with her psychiatrist since her mid-20’s. Over that entire time period, he would have a combination of regular psychotherapy sessions with her and occasionally engage in a sexual relationship. The defendant admitted to having sex with the plaintiff on several occasions; however, testified that treatment had stopped many years before the sexual relationship began.
The defense alleged that plaintiff was fabricating the sexual relationship and the fact that there was ongoing treatment and, more significantly, that the plaintiff had sought the advice of an attorney five years before she actually brought the lawsuit; the attorney told her that she had a good lawsuit, yet failed to file at that time, thus the statute of limitations had run on her claim by the time she finally brought it.
The law offices of Winer, McKenna & Burritt, LLP, was associated in on this case after early settlement efforts had failed. The defense made a motion to the court to have the case dismissed based on the statute of limitations and won. However, this decision was reversed by an appellate court and the case then settled.
RESULT: Settlement on behalf of plaintiff of $950,000