Plaintiff was a 30-year-old woman who went to a psychologist to help her with problems she was having adjusting to a new life in the Bay Area. Defendant decided that the plaintiff required “re-parenting” therapy in which he had the plaintiff sit on his lap during therapy sessions and rest her head on his shoulders. After several months, defendant began touching plaintiff’s breasts in the therapy sessions. Finally, the plaintiff felt that his behavior was inappropriate and left therapy.
The defendant admitted all of the above conduct but stated that it was part of treatment. The law offices of Winer, McKenna & Burritt, LLP retained experts to indicate that re-parenting treatment in itself is highly questionable and under no circumstances would include the touching of breasts. The defendant refused to settle so the case went to arbitration (i.e., a trial in front of a judge/attorney).
RESULT: Arbitration award for plaintiff of $1,350,000