Palm Beach County

(41) TONIA TURNER, as parent and natural Guardian of T.L.T., a minor, and on behalf of herself, individually vs. PRATAK SIRIWAT a/k/a YHAI SIRIWAT

 

County/Docket #/Judge: Palm Beach / 2004 CA 011999 / Edward A. Garrison

 

Plaintiff(s) Attorney(s): Steven H. Osber of Rothstein, Rosenfeldt & Adler, P.A., Ft. Lauderdale

 

Defendant(s) Attorney(s): n/a

 

Age/Sex/Occupation Of Plaintiff: T.L.T.: 12 / F / n/a

 

Cause Of Injury: Sexual Assault/Minor Molested by Family Friend. Plaintiffs alleged that on January 4, 2004, Defendant, a Palm Beach County resident and alleged family friend of Plaintiffs, offered to babysit Plaintiff Tonia Turner’s daughter, T.L.T. Plaintiff Tonia Turner agreed, and T.L.T. spent the evening at Defendant’s home. During the course of the evening, Defendant allegedly massaged and touched T.L.T. on her buttocks, breasts, and vagina in a sexually explicit manner. After several months of reclusive behavior, T.L.T. allegedly admitted to her mother that Defendant had sexually molested her. A police investigation ensued. During questioning by police, Defendant allegedly admitted that he sexually molested T.L.T. and was charged with lewd and lascivious behavior with a minor, a second-degree felony.

 

Plaintiff Tonia Turner filed a three-count civil complaint on December 21, 2004, which alleged battery, intentional infliction of emotional distress, and expenses incurred for care and treatment of T.L.T.  On March 24, 2005, the Court entered an order granting Defendant’s Motions to Stay the Proceedings and Discovery because of the pending criminal case. On May 26, 2005, the criminal case ended in favor of Defendant Siriwat, with the state’s entry of a nolle prossee. In Defendant’s answer to the civil charges on June 8, 2005, he denied the allegations in Plaintiffs’ complaint and asserted affirmative defenses that the alleged touching, if any, was unintentional, and the battery charge was fabricated by Plaintiff T.L.T. because of coaching by her mother. Defendant filed a counterclaim and alleged intentional infliction of emotional distress; false allegations of sexual abuse; misconduct to law enforcement; malicious prosecution; and slander. Defendant asserted that Plaintiff Tonia Turner may have coached other minors to claim that he had improperly touched them and that Plaintiff Tonia Turner had requested money from him and that, when he turned her down, the false allegations surfaced.

 

Plaintiff Tonia Turner filed an amended complaint to include punitive damages on November 13, 2006.

 

Nature Of Injury: T.L.T.: Trauma suffered by improper touching and sexual molestation; damages for medical care, counseling treatment, mental anguish, and loss of enjoyment of life.

 

Plaintiff Tonia Turner testified that her daughter did not reveal the abuse until August 2, 2004. Before that date, T.L.T. had flashbacks and emotional outbursts in relation to the incident. T.L.T. was allegedly hyper-vigilant regarding any man in her mother’s life. T.L.T. also allegedly got upset and cried during shopping trips for swimsuits because her body and breasts were exposed.

 

Expert Witnesses:

Plaintiff's:

Bette Ann Weinstein, Ph.D., LCSW, Psychiatry, Delray Beach

 

Defendant's:

Stephen J. Robinson, Ph.D., (I.M.E.), Palm Beach Gardens

 

Verdict: $27,104,850 for Plaintiff on November 4, 2008 ($7,104,850 compensatory damages:  $4,850 – past medical and counseling expenses; $100,000 – future medical and counseling expenses; $2,000,000 – past pain and suffering; $5,000,000 – future pain and suffering; $20,000,000 – punitive damages).

 

Editor's Note:  This was a two-day trial. The jury found that Defendant intentionally touched the minor Plaintiff T.L.T. in a harmful or offensive manner and that Defendant committed intentional infliction of emotional distress upon the minor Plaintiff.

 

Defendant’s Motion for New Trial and/or for court to Alter or Amend Judgment through Remittitur on November 10, 2008, was denied December 10, 2008, by Judge Edward A. Garrison.