On May 21, 2016, a 14 year old girl (N.Y.) attended a sleepover at a friend’s house in Springfield, New York. The house was owned by the friend’s parents, Allan and Melissa Manikas. During the night, N.Y. was allegedly raped by the parents’ 20 year old son Jordan. N.Y. sued Jordan for battery and intentional infliction of emotional distress and his parents for premises liability and negligent supervision.
Jordan denied raping the plaintiff and testified that he never had any kind of sexual contact with her. N.Y. did not waver in her assertion that Jordan raped her. Supporting the claim against Jordan’s parents, plaintiff adduced evidence that they were home on the night in question and were well aware that their had previously exhibited sexually aberrant behavior toward young girls and had a reputation as a sexual predator.
The Otsego County jury found for plaintiff on all causes of action, awarding damages for emotional pain and suffering in the sum of $2,000,000 ($1,000,000 past – six years, $1,000,000 future – five years). They apportioned fault 90% to the parents and 10% to the son. They also awarded punitive damages against the son in the sum of $750,000.
In a post-trial motion, the defendants argued that they were denied a fair trial, among other reasons, because plaintiff’s counsel, especially in his opening statement, invoked racial stereotypes (Jordan is African-American). The trial judge agreed and he issued a post-trial order that vacated the verdict.
Defendants also argued that the damages award was against the wight of the evidence. Plaintiff’s pain and suffering claims were supported by plaintiff herself, a forensic psychologist, plaintiff’s pediatrician and several of plaintiff’s family members.
In Lisa I. v. Manikas (3d Dept. 2024), the appellate court rejected the defendants’ argument that the trial was unfair, reversed the post-trial motion order and remitted the matter to the trial court for entry of an appropriate judgment.
Inside Information:
- No criminal complaint was ever filed.
- The parents had a homeowner’s insurance policy with State Farm Insurance Company in the sum of $1,300,000. Plaintiff’ pre-trial settlement demand was $1,200,000 against an offer of $400,000 .