LATEST NEWS: CANDANCE CONTI VERIDICT READY - WT LOST!!!!!!!

by Viva la Vida 105 Replies latest jw friends

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  AndersonsInfo

  Yes, the Watchtower won - they don't have to pay Candace punitive damages. Although many think that's terrible, most of us who have been involved in the Watchtower's cover-up of child abuse do not.

  I'm speaking for the family now and asked to say that money was not what this case was about and Candace said that from day one. The Conti family and all those closely associated with the plaintiff (I'm not speaking for Rick Simons) are absolutely thrilled with this outcome. Watchtower lost on NEGLIGENCE and that's what Candace wanted. This is a precedent-setting win. No matter how the Watchtower spins it, their name will forever be linked with not protecting children.

  Candace Conti came out of this as a winner. No need to moan over the loss of money. What if she had won on Punitive? What would we all be talking about? Probably not about the money anyway as it's not our business what a plaintiff does with whatever monetary amount is awarded or that Watchtower lost to her more donation money. I'm sure we'd be talking about the Negligence Count being affirmed even if the punitive judgment was upheld. That's what we all wanted - justice for Candace which is a win for all the other victims of Watchtower's indifference to their safety. She got what she went after. Please celebrate with us. We sure are!

  Of course, both sides can appeal the court's decision. No matter, this day is Candace's.
• 

  Gayle

  Ms. Conti set out from the start to have the exposure of the WT policy about the 2-witness rule regarding pedophiles, she accomplished that. All court records verify now. The WT was hung by their own "Flock Book" (at the time) and elders' remarks in the court. She right from the start made clear her intention and Mr. Simon accepted that. I will not accept that the WT won this case, no matter what they say.

  Originally, the Jury granted her $21M in 'punitive' damages. Later, she accepted the Judge, dropping it to $8M.

  I wonder what "punitive damages is {to be} reversed with directions to 'enter judgment'" yet means. Does reversal absolutely mean $0?

  It will be interesting to see if this goes further - to the CA Supreme Court now.
• 

  Gayle

  http://www.courts.ca.gov/opinions-slip.htm
• 

  EdenOne

  I wonder what does the underlined part means?
  

  Opinion filed. (Signed Published) The judgment against defendants on the negligence count is affirmed. The judgment against Watchtower on the cause of action for punitive damages is reversed with directions to enter judgment for Watchtower on punitive damages. The parties are to bear their own costs on appeal.

  New trial on punitive damages? Or ...?

  Eden
• 

  cappytan

  EdenOne: That sentence means that the judgement on punitive damages was in Watchtower's favor. "...judgment for Watchtower."

  ------

  Barbara is right. It is still a positive outcome.

  However, I wanted to see Watchtower have to pay. I was hoping they wouldn't have any room to spin this as a 'victory.'
• 

  EdenOne

  "We hold that defendants had no duty to warn the Congregation or Conti’s parents that Kendrick had molested a child, but that defendais can be held liable for failing to limit and supervise Kendrick’s “field service,” a church-sponsored activity where members go door-to-door preaching in the community. Kendrick had unsupervised access to Conti during field service that he used as opportunities to molest her. Because breach of the alleged duty to warn was the sole basis for imposition of punitive damages on Watchtower, we reverse that portion of the judgment, with directions to enter judgment for Watchtower on the punitive damage claim. The compensatory damage award is affirmed."

  Seems to me that Ms. Conti's legal team made a mistake here, when they based their claim for punitive damages solely on the duty of the Watchtower to warn (the court disagreed it had said duty), and not also on their negligence to supervise Kendrick's field service activity. I presume that, if the claim had been based on the latter, the Watchtower would have lost that as well. No doubt the Watchtower dodged a finantial bullet - for now.

  edit: thank you cappytan

  Eden

  
  
• 

  Slidin Fast

  The full decision is up. view opinion document for this case, go to:
  [PDF] http://www.courts.ca.gov/opinions/documents/A136641.PDF
  [DOC] http://www.courts.ca.gov/opinions/documents/A136641.DOC
• 

  done4good

  
  

  This will force the WT to change their policy or face very severe consequences for not doing so.

  I personally think it will also weaken the entire framework that the WT's judicial process, (and all that comes with it), is built upon, since it will force them to almost immediately deal with child abuse cases differently than other cases at the congregation level, but that is for another thread of discussion.

  One big win for Candice!
  

  d4g
  
• 

  AndersonsInfo

  Watchtower can't spin this as a victory. How does this sound as bragging rights:

  A JW posting on a JW discussion board:

  Jehovah gave us the victory in the Conti case. Satan's court decided that God's organization didn't have to pay out millions of dollars of our donation money to her. Now we can keep buying more property to build more Kingdom Halls. Oh, by the way, our organization was found Negligent because Jehovah directed his organization to not protect our children from pedophiles by using Bible rules.
• 

  cappytan

  What's the over/under on WT still appealing the negligence ruling? I bet they do.

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  EDIT: Barbara, good point. Is it possible, though, that they could put out a JW dot ORG official press release about the 'victory' and not even mention the negligence ruling?