LATEST NEWS: CANDANCE CONTI VERIDICT READY - WT LOST!!!!!!!

by Viva la Vida 105 Replies latest jw friends

• 

  sparrowdown

  Oo goody, I like the idea of the WT being scared shitless - no doubt how Candice and other abuse victims felt for years.
• 

  berrygerry

  Is it possible, though, that they could put out a JW dot ORG official press release about the 'victory' and not even mention the negligence ruling?

  Not a chance. If they posted this or did a press release, dub's would start researching.
  
  

  The WT argued that this was not allowed, single brothers are not assigned with single sisters. They could not back up this assertion. Thus compensatory damages were upheld.

  I saw a dub male (60ish) working with a 11/12 year old girl in the Memorial invite work. Later said to myself that I should have taken a photo.
  

  single brothers are not assigned with single sisters.

  Who's the bigger target for molesters, boys or girls? Does it matter? Molesters with any kids?
  
• 

  Captain Schmideo2

  "We therefore conclude that defendants had a duty to use reasonable care to restrict and supervise Kendrick’s field service to prevent him from harming children in the community and in the Congregation. Conti’s testimony provided substantial evidence that defendants breached this duty. "
  
  
• 

  Oubliette

  So it remains $7M in compensatory damages, but the $21M is waived. Justice once again fails.

  How do you figure?

  Candace has always wanted the WT to be held accountable. This is what happened.
  
• 

  Oubliette

  The only thing I am afraid of is like someone else stated, they will put a gag order on Conti and her lawyers, which will weaken any future liable cases against the cult.

  Judicial decisions become precedent.
  
• 

  Ding

  Here is where you get get a PDF copy of the 28 page decision.

  http://www.courts.ca.gov/opinions/documents/A136641.PDF

  The basics of the ruling are similar to rulings in earlier cases involving the Catholic church and the Boy Scouts:

  1. The WT had no general duty to warn parents or attenders that there was a child molester in their midst. Such a duty would be almost limitless. To what crimes would it extend? How often would they have to warn? How much info would they have to have before the duty was triggered, etc.
  

  2. Because the punitive damages were based on the premise that there WAS such a duty, the award of those damages was reversed.

  3. WT elders are like clergy and have the same confidentiality privileges as Catholic priests regarding confidential communications by parishioners.

  4. The WT claimed that field service is a purely voluntarily activity. Interestingly, the WT said it allows child molesters to go out in field service if they choose to.
  

  5. Since the WT exercises control over who goes out in service with whom (no single male / single female witnessing pairs, territories are assigned, for example), they have a duty of care. They breached this duty by allowing Kendrick to go in service alone with Candace Conti since they knew of his child molestation background.

  6. The WT argued that the molesting didn't occur during field service. However, since Kendrick was allegedly out in service with Candace at the time he took her elsewhere and molested her, that was sufficient.
  

  7. There is language indicating that this duty extends to protecting any child with whom he might have contact while out in service (in households, for example). Presumably, this could be satisfied by making sure there was adequate supervision so he wouldn't be alone with children.
  
• 

  Oubliette

  No need to moan over the loss of money.

  Indeed. Actually, there was no loss. You can't "lose" what you never had!

  Candace Conti has twice been successful in court cases against the WTBTS.

  Where was Jehovah? Where was Holy Spirit? notably absent.
  
• 

  Ding

  BTW, the punitive damages approved by the trial judge was in the $8 million rather than $21 million range (Candace had accepted the reduction), so it's $8 million that the WT escapes paying.

  They do owe Candace $7 million in compensatory damages. That was upheld.
  
• 

  truthseeker100

  Thanks ding for summing things up in such an understandable manner. I guess a gag order is off the table for Candace unless the WBTS wants to strike a deal with her lawyers?
• 

  berrygerry

  WT elders are like clergy and have the same confidentiality privileges as Catholic priests regarding confidential communications by parishioners.

  An idiotic American idea.
  

  They do owe Candace $7 million in compensatory damages. That was upheld.

  If it were announced today that Candace was awarded $7 million in compensatory damages, would you be complaining?

  If this is correct, I would say that this is a great announcement.