Big lawsuit vs Botetourt schools and teacher for ‘assault’
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I was under the impression that justice had been done Feb. 17 when a Circuit Court judge in Botetourt County dismissed assault and battery charges against a teacher who had somehow touched an unruly student when the kid was trying to enter his classroom.
The incident occurred in November and ord Botetourt High teacher Victor Terry was found guilty Feb. 7 in General District Court. Until the Circuit Court judge dismissed the case, Terry faced losing his job.
Special Prosecutor Don Caldwell called the incident “a non-event in its totality.”
Evidently the boy’s mother disagrees. She filed a $110,000 lawsuit against the Botetourt County schools and Terry. The full story by my colleague Duncan Adams is here.
Caldwell wrote that there was agreement that Terry had “physically put his hand on the student’s chest/arm area to stop his entry into the classroom.” He added, “I would note that there is some disagreement between the parties as to the exact manner of the touching, but there is no allegation that this was in the nature of a strike or a blow nor is there any representation of an attempt to injure or actual injury.”
He reported that the student “later acknowledged he had been making a noise, complied [when stopped by Terry] and was allowed to enter” the classroom.
The lawsuit seeks $10,000 in compensatory damages and $100,000 in punitive damages.
The mother, Elizabeth M. Daniel, alleges no physical injury to her son. But the lawsuit claims Terry:
“Did . . . unnecessarily place his hands upon the clothes and body of the minor plaintiff thereupon frightening and instilling fear in the mind of said plaintiff . . . Terry then forcefully guided the minor plaintiff upon a certain path on in the confines of the the school, all being done in a manner and nature to injure plaintiff.”
Who was not injured, mind you. Nonetheless:
“The plaintiff has suffered and will continue to suffer indignity, ridicule, physical and emotional stress, all being caused by the unnecessary conduct of . . . Terry.”
Good grief. I’d say it’s a good thing that kid doesn’t get on this blog.
February 29, 2012 - 7:53 PM
This is what the leftwing trial lawyers has wrought us. There is one way to put an end to this kind of nonsense; MAKE THE LOSER PAY.
But, alas, the leftwing trial lawyers’ lobby defeats that proposal at every turn.
I wish I could get compensated $10,000 every time someone puts their hand on my arm, but it doesn’t work that way.
This is a frivolous lawsuit and shouldn’t be allowed to proceed.
Susie – please don’t make this a left-wing/right-wing thing. Politics has nothing to do with it. Just a small person trying to get ahead by hurting someone else.
I’m sure that Greg Habeeb, Bill Stanley, Morgan Griffith, Bob Hurt, Bill Cleveland,Bob Goodlatte, and the rest of the left wing trial lawyers in the Roanoke Valley and elsewhere are anxious to go to court and have their clients be forced to pay when they lose.
I think his mom just made him more a target of ridicule than any teacher ever will. What a bunch of money-grubbing idiots.
The teacher, Mr. Terry, has already been through enough. He is the one who had his name in the media after being convicted of “assault”, he is the one who was fired from his job after the conviction, and now he has to worry about the civil suit. The loser should have to pay in a civil suit, and it would be even better if the loser’s lawyer had to pay too.
After an investigation, Don Caldwell asked that the case be dismissed. A lot of elected politicians wouldn’t have have done that, but Caldwell did what was right. I know nothing about the case other than what I’ve read, but I know Caldwell and if Terry had done anything wrong, he wouldn’t have asked that the judge dismiss the case.
Too bad the mother and the lawyer are going to prolong this non-event. But, they are risking nothing and they might get a settlement if the county decides it’s cheaper to settle than to fight it out in court.
Susie – please don’t make this a left-wing/right-wing thing. Politics has nothing to do with it. Just a small person trying to get ahead by hurting someone else.
It is indeed a poltician thing, Albert. This type of frivolous suit and many others like it are only possible because of politics and greed by people mostly from one political party.
Four little words would save honest business and individuals as well as state and local government BILLIONS of dollars and thousands of man-hours each year:
MAKE…..THE….LOSER….PAY.
Nobody can come up with a rational reason we can’t do that here.
I know you all find this hard to believe but I was not always the fine upstanding person that I am now. When he I was in grade school dare I say even high school I received much deserved paddling’s from either teachers or the principal. The deal in high school was I could take the paddling’s avoid parental notification, suspension etc and remain eligible for football games. I have not sympathy for this kid or his Mother. I have a great deal of empathy for the teacher and hope he prevails.
Dan, you and I have previously had several exchanges regarding tort reform. This is exactly the sort of incident that needs to be reform. This lawsuit will probably cause the Circuit Court hundreds of man hours that could better be spent on serious litigation matters. I don’t know what the answer is but something needs to change.
…. and I agree with Suzie the loser should pay. Not left wing right wing but common sense
I do not understand how the lawyer could take this case…how sick!
PeterJ,
I doubt tort reform — which typically focuses on caps on damages — would have prevented this case. But I also think that the no-nonsense judges in Botetourt will make quick work of it.
A rule that the loser pays in every case would shut out more valid cases than seemingly frivolous ones like this one. (And the MdDonald’s coffee case — the bete noire of the tort reform movement — was manifestly not friviolous, btw).
VRWC,
The teacher wasn’t fired. He was placed on administrative leave with pay, though, until the criminal case was dismissed.
Dan- i love your style. you cut to the chase and then slice to the bone. good job. we need it in these times. this has to do with the towing incident in blacksburg ala Valley Towing. this guy did not even refund the poor father after your paper ran the story and interviewed him. pitiful. please tear him to shreds. you are the towing article writer. did you see what the new owner of the Grandin lot and buildings said today? take care.
Forcing the loser to pay is a sure way to frighten legitimate claimants out of suing. If you are going against a company or individual who has unlimited resources, it’s easier to back down and let them get away with something.
Cases like this make the news not because they are the norm, but because they are unusual. Tens of thousands of lawsuits are filed every year, even if only one half of one percent were frivolous, you’d still have plenty to point to while screaming for tort reform.
I’m also a little confused about the “loser pays” stuff, considering that often, the loser does have to pay.
The plaintiff’s lawyer is Harvey Lutins. I’m kind of surprised he took it, too. He’s no dummy.
I find this lawsuit absolutely outrageous! What a complete waste of time and resources. Whatever “indignity, ridicule, physical and emotional stress” this kid suffers will be the result of the ridiculous actions of his mother and lawyer, not to mention the fact that his name is now known and can be Googled for eternity. He’s going to be saddled with this forever — and so will the teacher, I suppose, but not in the negative way that will follow the student. I wouldn’t be surprised if behind the scenes he’s begging his mother to just let it die down. For his sake, I hope he is.
From the accounts I’ve heard, Terry has been an outstanding educator. Shame on both the lawyer and mother who are trying to vindictively punish him for doing his job. She needs to get her head out of the sand and realize the full implications of what she’s doing to that teacher, the school system, as well as her son.
Glad to see sympathy for the plight of the teacher. For you folks who see the NEA/VEA as an evil force in education, I’d like point out that dues paid to these organizations provide members with liability insurance. Mr Terry has not said if he is a member or not, but I do not believe his attorney, Mr. Cleveland is one of the lawyers used by the VEA. That means Mr. Terry is likely out 2 to 3 grand out of his own pocket to defend the ridiculous charge. He’ll probably need representation in this civil matter at additional cost.
Parents can be crazy and their “apple don’t fall far from the tree children” can be too. If you teach, you really need this benefit.
Let me add that Mr. Terry is an excellent teacher. Anyone should be glad to have their child in his class.
This whole thing sucks, it’s wrong and happens to often.
#14 Jason has it exactly right, the main idea behind loser pays — which already happens in some cases if they’re determined to be frivolous — is to frighten away even legitimate lawsuits. Because, as we know, just as the bad guy gets off in criminal cases sometimes, having a good civil case doesn’t necessarily mean you’ll win. Loser pays in all cases is an EXTREMELY bad idea. Sort of like all those voter suppression laws being pushed by Rethugs.
That said, if Don Caldwell didn’t find anything, this one sounds like one dumb case. Don is one of the very good guys.
Forcing the loser to pay is a sure way to frighten legitimate claimants out of suing. If you are going against a company or individual who has unlimited resources, it’s easier to back down and let them get away with something.
If the ‘legitimiate claimants feel that strongly they have a case, they should find it worth the gamblef. But no, we go for the deep pockets in this country. Just throw some crap on the big boys’ wall, and maybe it will stick, and if it doesn’t, what the hell?
On the other hand, you folks who hate big corporations should cheer because loser pays would keep them from frivolously badgering smaller companies with baseless lawsuits.
I’m also a little confused about the “loser pays” stuff, considering that often, the loser does have to pay.
“Loser pays” means he pays expenses for both sides. When do you ever see that happen?
The plaintiff’s lawyer is Harvey Lutins. I’m kind of surprised he took it, too. He’s no dummy.
These lawyers understand the lotto-minded juries. Why do you think the libs try to foment class envy at every turn? It’s all about extorting money and nothing else.
Every position the left takes is about money and/or power. Nothing else. Take any issue.
Which is exactly why Suzie and Michael and right wingers support “loser pays” legislation. Juries are rather notorious for deciding the loser and for making them pay. THAT is what scares them. One man’s “frivolous” (needing more than one hand gun per month) is another man’s God given right.
I am not speaking to this case as I do not know the details but I am aware of a special needs child who suffered a spiral fracture in a Botetourt classroom and no one was ever held accountable, no conference was held that explained what happened and no plan of action was offered to assure it never happens again. That I know.
I also know that there are school personnel not fit to be supervising kids. There are burnt out cases, arrogant old school cases, jerks who like the pretty girls cases, and macho whip crackers who like to humiliate kids, all mixed in with good administrators and teachers and sometimes one goes too far. This parent obviously feels she did not get satisfaction and a fair hearing and she is exercising her rights as we all should be able to do. She will doubtless lose, but she has a right to try.
What is funniest of all here is how the people who bash teachers and their “unions”, schools, curriculum and school boards all day long when the issue is more funding or test scores are in here defending one now. Priceless.
Lutins is no dummy and he seems to like the “little guy” fights.
Wow, this has to be a really hard one for troll suzie — slam the lawsuit but then appear to be supporting the commie public school teacher who’s indoctrinating our children.
I think “loser pays” seems like a great idea on the surface, but the unintended consequences of such a policy outweigh the benefits.
I would not be happy with such a system.
“The plaintiff has suffered and will continue to suffer indignity, ridicule, physical and emotional stress, all being caused by the unnecessary conduct of . . . Terry.”
No, the mother who is pushing this lawsuit is what’s causing anyone to continue to “suffer indignity, ridicule, physical and emotional stress.”
They should be ashamed of their money-grubbing ways. Just someone else out for a quick payday. Also just another case of a parent refusing to see that sometimes, the teacher is telling the truth and that their child is causing trouble.
Regarding the “loser pays” discussion, it might be helpful to know that Virginia law addresses the issue of “frivolous suits.” Virginia Code Section 8.01-271.1 provides that costs including reasonable attorneys’ fees may be asessed against a party (including his lawyer) who files a motion that is not warranted by existing law or a good faith argument for the extension, modification or reversal of existing law. This applies to those instituting or defending civil actions.
These sanctions have been imposed in a number of cases in Virginia including some which have involved very heavy monetary costs.
Suzie whines liberals “foment class envy at every turn“, this from the woman who brags about her meat purchases, trips on private planes, “missions” to Africa and highly successful company—while also denigrating anyone poor, unemployed, working, but not chained to their desk or pick ax, those not paying high taxes, daring to need help, public schools, people needing college loans, daring to ask for medical care? I think we ALL know which bloggers “foment class envy at every turn”. I am embarrassed for Conservatives to have such “representatives”.
“I am embarrassed for Conservatives to have such “representatives.”
I have long wondered whether that was the whole point of her posts.
The Limbaugh thing was way over the top, and pretty funny, to boot. It was like she was channeling Jon Stewart or something.
#19 Gee, suze, you don’t know much more about Virginia law than you do about high school sports. See what Chip posted in #26.
Thanks Mr. Woodrum, you are always a voice of reason in a sometimes mad world. That must be hard to do sometimes.
I agree with others: the only ridicule and pain this kid has suffered is because his mother pressed charges then filed a civil suit.
Donald Caldwell made the right decision in not prosecuting this case. He reviewed the video evidence in the case, which apparently did not show a frightened kid nor one who appeared to be suffering injury. Further, if this child was so injured and aggrieved, why did they wait three days to obtain warrants? The incident happened November 18, but charges were not filed until November 21.
VWRC – Did Mr. Terry lose his job? The last reporting I read was that he was cleared to return to the classroom, and had done so. He was on paid administrative leave during the criminal proceeding.
And teachers all over the region cringed when they saw this story. We can only hope that the school board has some backbone and backs Mr. Terry, to show that it supports its teachers after an incident has been shown to have been a “non-event” (just as it should act quickly to get rid of someone found acting in a manner that harms children in his or her care). If the board waffles or steps away, then it puts its teachers in an awful limbo of not knowing what they can and can’t do to maintain order in their classrooms, when it is appropriate to discipline an unruly child, when they can “touch” a child in any manner even if that child is getting ready to do mayhem on them or another student.
Perhaps if the mother who filed this suit had taught her darling son that he should respect adults, especially teachers, and directed him that he should act properly in school, then Mr. Terry wouldn’t have had to touch him when he was misbehaving on his way into his class. Then the proper action after the incident would have been consequences at home, such as grounding for a period of time, or loss of use of the car for a while, or something like that. But it sounds like Mom is one of those parents who never told her son “no” because it might hurt his feelings and damage his self-esteem. Now that this incident has happened, she has to make it right and blame someone else, in this case the school, the teacher, and make some money off the deal. I hope the court sees through this and slaps her down for filing a frivolous suit.
That’s three posters who think defending a wronged person is contradictory with opposition to teacher unions. Honestly, do you people have brains?
This whole incident could have been avoided if the mother had done her job in rearing her son.
To add to Mr. Woodrums post @ 26
Legal experts agree that what constitutes a frivolous lawsuit is highly dependent on the facts of a case.
Virginia justices have noted that, according to court rules, an action is not meritless merely because the facts have not been fully substantiated before discovery or even if the lawyer believes that his client will not prevail.
An action is frivolous, however, if it is taken for malicious reasons, “or if the lawyer is unable either to make a good-faith argument on the merits of the action taken or to support the action taken,”
If this bogus case sees the light of day, we’ll see if Mr. Woodrum knows what he’s saying or not. There are some mighty nutty leftwing judges out there.
denigrating
I’ll bet Sandi has used this racist word a dozen times. Examine the roots, hon. Subliminal racism is still racism.
As far as the comment about “nutty leftwing judges”, I would note that the presiding Circuit Judge in Botetourt County is Malfourd “Bo” Trumbo who, before he was a judge had served as a member of the House of Delegates and the State Senate. He was elected and served as a Republican from an area not known for “leftwing” tendencies.
As far as the question of whether or not I know what I’m saying, I suggest the lady read Section 8.01-271.1 of the Code of Virginia or get someone to read it to her.
37. Suz – You are keeping your head in your gutter. Denigrate is not a racist, but it is more than four letters, probably too much for you.
#37 most ill-informed posted: ’ll bet Sandi has used this racist word a dozen times.”
uh-oh, your stupid is showing again
den·i·grate/ˈdeniˌgrāt/
Verb:
Criticize unfairly; disparage: “there is a tendency to denigrate the poor”.
#38 That’s no lady, Chip.
#37 There goes racist troll suzie bringing race into it when race is not a factor. Despite the word’s etymology, suzie can’t show single incident of the word being considered racist or being used in a racist fashion.
Why is it ALWAYS suzie who brings up race? I think we all know why.
As far as the question of whether or not I know what I’m saying, I suggest the lady read Section 8.01-271.1 of the Code of Virginia or get someone to read it to her.
Not saying you’re incorrect about the law; just saying I doubt it’s enforced that often. You get a liberal judge, a whole lot of crap goes on through.
For those who can’t use a dictionary, the middle root “nig” means “black”. Sandi may be dumb, but she knows exactly what she is doing by the repeated use of that word.
Do you like being a moron Suzie?
“Origin of DENIGRATE
Latin denigratus, past participle of denigrare, from de- + nigrare to blacken, from nigr-, niger black
First Known Use: 1526”
If anything, the epithet you are looking to link this word to, with your tiny pea sized brain, is a bastardization of Latin as well.
Your partisan lies are bad enough, but I truly despise your ignorance. Forget this blog, humanity deserves better.
PeterJ, what possible thing about this case could “cause the Circuit Court hundreds of man hours”? What is it you think they do?
#44 Note that racist troll suzie can’t demonstrate a single example of this word being used in a racist way or any objections by minorities to the word. SHE’S the one who brought up race, as usual.
The sanctions law for frivolous suits is enforced regularly and with some vigor. Penalties have recently ranged from $2,639 in the Fairfax County Circuit Court VA Lawyers Weekly, March 18, 2010) to over $542,000 in the Circuit Court for the City of Charlottesville (VA Lawyers Weekly, November 9, 2011). Those are just two examples showing a range of penalties; there are a number of additional instances.
Suzie offers, “As far as the question of whether or not I know what I’m saying“. There is no question, no question at all. You don’t. You are all for the Plutocracy where the wealthy run everything, including the Justice System and we are as well aware of that as we are of your bigotry and ignorance.
Suzie is the perpetual child playing, Ha, I made you look. In her case it’s, Ha, I made you respond.
I suggest the lady read Section 8.01-271.1 of the Code of Virginia or get someone to read it to her.
Right, Chip. Maybe my husband could read it to me. Is that it?
Ladies and gentlemen, Mr. Woodrum here illustratesi how Democrats in Richmond (and across the country) view the women they claim to champion. The little woman just isn’t smart enough to read (or keep a child they conceive). So we need folks like them to tell us what to do.
You’ll fit in very well here. Several men have similar views.