Abuse Survivor's $4M Judgment Against Jehovah's Witness Umbrella Organization Upheld by Court 12/10/18

by Not_Culty 25 Replies latest watchtower child-abuse

  • JW GoneBad
    JW GoneBad

    No greater Christmas can there be for me than to hear that the Watchtower Bible & Tract Society has been hit by another multi million dollar well deserved judgment...yay...happeee!

  • DATA-DOG
    DATA-DOG

    Again, this can all be fixed by the GB/Legal. It would be very simple. So simple in fact, that not doing what I’m about to suggest speaks to their true character. ( Not that we need help figuring that out..😏)

    1) Require that all Elders report all allegations immediately to:

    A) Their respective Branch.

    B) The Superior Authorities.

    No Pedos are going to last for long if this happened...

    2) Once the alleged abuser is found guilty by the Courts, that person can NEVER have a position of oversight, EVER...

    This eliminates the problem of shuffling abusers like the RCC did, thereby eliminating the threat of those types of lawsuits from here on out. Yes, the current lawsuits will run their course and past misdeed will have to be dealt with.

    3) Adjust the “Two Witness” understanding.

    Apparently, Jesus meant that the Superior Authorities and any evidence they find to convict an abuser are the second “Witness.” Jeehoober be praised!!!

    The number of falsely accused and convicted persons would be minuscule by comparison to the house cleaning this would accomplish. So, why not do it? Only the GB/Legal know for sure..

    DD

  • careful
    careful

    Here's the article. I got it in a separate google search and got around paying for it.

    From the legal journal The Recorder:


    Abuse Survivor's $4M Judgment Against
    Jehovah's Witness Umbrella Organization
    Upheld by Court

    By Ross Todd | December 10, 2018 at 07:00 PM

    A California appellate court has upheld a $4-plus million judgment against Watchtower
    Bible and Tract Society of New York Inc., the top organizational body of Jehovah’s
    Witnesses, in a case brought by a woman who alleges she was molested as a child by
    a church elder in 2006.

    The ruling from the Fourth District Court of Appeal leaves in place terminating sanctions
    and a $4,016,152.39 judgment after Watchtower refused to hand over a trove of
    documents it received in response to a 1997 letter sent to Jehovah’s Witness
    congregations concerning known molesters in the church.

    The underlying case was brought on behalf of J.W., who was molested by Gilbert
    Simental, with whom she and her family attended the Mountain View Jehovah’s Witness
    congregation. J.W. contends that her family wouldn’t have allowed her to attend a
    slumber party at Simental’s house but for his service as an elder in the church, the
    highest authority at the congregational level of the organization. Simental was found
    guilty in two criminal cases of molesting J.W. and two other anonymous victims.

    J.W.’s lawyers at The Zalkin Law Firm and Pine Freeman Tillett had argued before the
    trial court the responses to the 1997 letter were relevant to her case because they could
    establish the church’s duty to protect children like her and to investigate Simental. They
    argued that the documents were needed for her negligence-based causes of action,
    and they were relevant to her punitive damages claim.

    In turn, the Watchtower’s lawyers at Clark Hill in Los Angeles initially had argued that
    the documents were protected by clergy-penitent privilege. After that privilege argument
    was turned back, they claimed that terminating sanctions were too extreme a remedy
    because the documents only applied to the punitive damages portion of the case.

    But the trial court sided with J.W. and awarded her $3 million for pain and suffering; $1
    million for future medical expenses; and $16,152.39 for costs.

    On appeal, Watchtower’s lawyers argued that J.W. hadn’t alleged that there was a lack
    of proximate cause between its actions and her injury, particularly since she was
    molested outside of church grounds and at an event that wasn’t church-sanctioned. But
    the Fourth District on Monday found that in a negligent hiring or retention case the focus
    should be on Watchtower’s actions and the risk of molestation that it “allegedly
    knowingly created.”

    “J.W. sufficiently alleged that Watchtower was responsible for Simental being in a
    position of authority within the church by alleging that Watchtower is the ultimate
    authority in the Jehovah’s Witness Church,” wrote Justice Douglas Miller in a 44-page
    opinion.

    Miller wrote that Watchtower’s warnings that the case would “open the litigation
    floodgates” was misplaced since proximate cause would be decided “on a case-by-case
    basis.”

    Watchtower’s lawyer, Richard Nakamura of Clark Hill, didn’t respond to an email
    seeking comment.

    J.W.’s attorney, Devin Storey of the Zalkin Law Firm, said that it was important the court
    found proximate cause “as long as there’s some kind of nexus to the defendant and to
    the defendant’s business.”

    Storey noted that he and his firm have litigated over the 1997 documents in two prior
    cases that have gone to the Court of Appeal and that highly redacted copies of some of
    the material have been handed over in a fourth case currently pending in Orange
    County.

    “We litigate cases of sexual abuse all day, every day,” he said of his firm. “I’ve never
    had a defendant other than Watchtower tell a court point blank, ‘I won’t comply.’”

    “Affirmatively understanding the order and saying ‘I’m not going to do it.’ … That’s not
    something I ever see.”

  • DATA-DOG
    DATA-DOG

    Heydog, are you checking this out?? 🤔

    DD

  • I Faded Twice
    I Faded Twice

    The thing that brings me the most joy is if this happens around 1000 x WT would most likely be bankrupt.

    That's why they are dragging these cases out in my opinion.

  • Lost in the fog
    Lost in the fog

    This article gives the most information.

    https://www.leagle.com/decision/incaco20181210020

  • LV101
    LV101

    It is ironic that the JW religion is finally being held accountable for sexual abuse -- too good to be true. I use to scream about the Catholic religion being slammed and the cult W/T skating/walking free raping children and condemning them and my husband told me that the Catholic church was a good place to start with and it would trickle down to the other tiny religions.

    Thank goodness there are good lawyers out there to go up against religions and all the power they use to run rough shod over children/people -- about time!

  • LV101
    LV101

    Thank the stars there is a Barbara Anderson in the world of ex-JWs.

  • LV101
    LV101

    Yea -- and the judgment can be collected faster right there in NY since that's the cult's headquarters -- assets, bank accounts, etc.

  • smiddy3
    smiddy3

    the Watchtower’s lawyers at Clark Hill in Los Angeles initially had argued that
    the documents were protected by clergy-penitent privilege.

    Can you believe that ?

    To the general public : We are not like Christendom`s religions we don`t have a clergy laity class.

    In a Court of Law : We claim Clergy Penitent privilege .

    Such hypocrites .

    Bring on more Million Dollar law suits against them.

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