| Molestation Victim Wins $425,000 Settlement |
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OCTOBER 19, 1995 THE VIRGINIAN-PILOT ARCHIVES MOLESTATION VICTIM WINS $425,000 SETTLEMENT Published: Thursday, October 19, 1995 © Landmark Communications, Inc. A young girl who was the first victim of convicted child molester Charles R. Vette in 1989 has won a $425,000 settlement from the owners of the East Ocean View apartment complex that hired Vette as resident manager. The out-of-court settlement of the girl's lawsuit was approved Wednesday by Circuit Judge John E. Clarkson. Six more lawsuits by other Vette victims, all young boys, are pending. Each seeks $5.5 million in damages and they are not likely to be settled soon, if at all, both sides agree. The remaining cases pose two legal questions. Are the owners of the apartment complex liable for the six remaining molestations, since none of the victims lived at the complex? The girl was a tenant. If the owners are liable, does their $1 million insurance policy cover each victim, or must the $1 million be split among all seven victims? Vette molested six boys and one girl, ages 8 to 13, in his apartment at 9620 - 13th Bay St. in 1989. He was convicted of 12 counts of child molestation and sentenced to five life terms in prison. The apartment complex was recently torn down as part of the redevelopment of East Ocean View. During Vette's criminal trial, the victims testified about a slumber party in Vette's apartment in which Vette got the boys drunk, locked the door and enticed them out of their clothes after showing pornographic films. The lawsuit, filed by Norfolk lawyer Jeffrey A. Breit, claim Vette was "negligently hired, selected and retained and supervise" as resident manager. At the time, Vette was on parole, having served four years for molesting a 5-year-old Virginia Beach girl. Breit says Vette should not have been hired without a background check, which would have revealed his criminal record. "You are hiring the guy and you are creating this image for the public...'Here is our representative.'. He must be of higher ilk than Joe Shmoe," Breit said. Now that the first case is settled - requiring a judge's approval because the plaintiff is under age 18 - attention shifts to the other six victims. In these cases the owners' attorney, James A. Gorry, III, argues that the owners are not liable because the victims did not live at the complex. "Our position is that any negligent hiring had nothing to do with their situation," Gorry said. "He (Vette) could have been a tenant there. It just didn't matter...Even if it is negligent hiring, you don't get to (the owners) because that's not the proximate cause of these young boys' injuries." A separate issue is the $1 million insurance coverage. Clarkson has ruled that the $1 million must cover all victims. After deducting $425,000 for the first settlement that would leave $575,000 for the remaining six victims, or $95,833 each if they win their cases. Breit has appealed the insurance ruling to the state Supreme Court. A ruling these is expected in December. Description of Illustration(s): Charles R. Vette was convicted of molesting a girl and six boys in his E. Ocean apartment.
This article is ©1995 Landmark Communications, Inc. and may not be republished without permission. If you have questions or comments about the archives, please send us feedback. Awarded: $425,000 |
Some people say personal injury law is just about money. It's not.
It's about rebuilding the face of a young girl shattered by a drunk driver. It's about college money for 2 young boys, their father killed by a speeding tractor trailer.