Judge denies state's attempt to toss YDC lawsuit
May 15—A superior court judge rejected the state's request to invalidate a verdict in a lawsuit alleging abuse at the Youth Development Center decades ago because of the merits of the case and the statute of limitations.
The request came after a four-week trial that ended with a jury awarding $38 million in damages to David Meehan, who filed the lawsuit in 2020 claiming he had been repeatedly raped and physically abused at the center in 1997 and 1998.
The $38 million came into question when the jury on May 3 listed only one "incident" on its verdict form. The Attorney General's Office says Meehan is entitled only to $475,000 because of a per-incident cap under state law.
Judge Andrew Schulman wrote in an order that Meehan "proved that during his stay at YDC he had no reason to suspect that the rot in the agency extended any further than the cottage staff."
The evidence showed that there "was a gang of rogue line staff members who preyed on some residents" and prevented complaints to management by using intimidation and retaliation.
Meehan wasn't made aware of the operational deficiencies until a State Police task force started asking him questions in 2017, Schulman wrote.
"The discovery rule/limitations question was close, but the jury decided it just as the court would have decided it," Schulman wrote. "Mr. Meehan's claims are timely by virtue of the discovery rule."
In terms of merits, Schulman found Meehan proved "beyond cavil, beyond doubt, and certainly more than a preponderance of evidence" that the state breached their common law and fiduciary duties of care with respect to training, supervising and discipling staff.
The judge said the state "utterly failed" to implement published personnel policies regarding prevention and reporting of sexual, physical and emotional abuse, establishment of an ombudsman system to report abuse and use and conditions of room confinement.
The jury could have found the YDC provided minimal, if any, training to its unqualified staff, Schulman said in listing off evidence presented at trial.
"The testimony of former resident Michael (Gilpatrick) and the testimony of the plaintiff demonstrated endemic physical and sexual abuse," Schulman wrote. "YDC leadership either knew and didn't care or didn't care to learn the truth."
'Beyond doubt'
Meehan's lawyers, David Vicinanzo and Rus Rilee, say Meehan's case was the first of nearly 1,400 child victims of YDC and contractors to be heard by a jury.
"The Court found 'beyond doubt' that the state breached its fiduciary duty to the kids in its care in the 1990s. We will prove in subsequent trials that the State's conduct was 'wanton, malicious and oppressive' in the '70s, '80s and post-2000s as well," Vicinanzo said in a statement.
In a separate request, Vicinanzo and Rilee have asked Schulman to recognize more than 200 incidents of rape, physical assault and emotional abuse in Meehan's case. The jury's mistaken interpretation of the "incident" question cannot stand, they said.
In a ruling last week, Schulman said he would not reconvene the jury to answer questions on its verdict. He said, "the finding of 'one incident' is contrary to the weight of the evidence."
A spokesperson for the AG says the state's request had nothing to do with the statutory cap under state law. A hearing is scheduled on June 24 to consider the cap.
"As noted in the objection we filed last week, we strongly disagree that there is any legal basis for relief with respect to the jury's finding of one incident and all counsel agreed in open court to what the jury verdict form would contain with respect to the number of incidents," the statement reads.
