$4.2 Million Verdict Against the U.S. Twirling Association in Sexual Assault Case
Last month, a New York federal jury rendered a $4.2 million verdict against the U.S. Twirling Association – a youth organization dedicated to the sport of baton twirling – as well as the organization’s coach, in relation to the sexual assault of a minor that occurred on an international trip. The victim, who was 17 years old at the time of the assault and identified as Jane Doe in court filings, represents a significant case that stands to hold youth organizations liable for acts of negligence that result in assaults against minors.
What Happened?
In 2019, the U.S. Twirling Association selected the victim, a two-time baton twirling champion, along with five others, to participate in an all-expense paid trip to Lima, Peru that was hosted by the Lions Club service organization. The Lions Club had reached out to the USTA requesting baton-twirling ambassadors, which was the first time that the USTA dealt with the organization. During the trip, the teenagers were scheduled to take part in a parade, engage in photo opportunities, and visit foster homes and grade schools. The USTA selected trainer, Koralea Slagle, who allegedly had “vast experience” with these kinds of trips, to act as the youth’s supervisor. The USTA also promised that the twirlers would be provided private security. However, security was not provided.
Once Doe arrived in Lima, she was drugged and sexually assaulted by the president of the Lima Lions Club, a nonparty to the suit identified as Jacobo G. According to Doe’s lawsuit, Jacobo brought the teens to nightclubs and private parties that served them alcohol while denying them access to water. Slagle, who was supposed to be the chaperone at the time, was aware of Jacobo’s actions but did not intervene. Throughout the trip, Jacobo became particularly aggressive with Doe and tried to separate her from the group. At one of these events, Doe was given a cocktail which, according to the suit, contained a drug that made her feel “dazed, confused, and scared,” per the text messages and phone calls she made to her family at the time. After returning to the hotel, Jacobo, who Slagle knew had a key to Doe’s room, brought into Doe’s room and sexually assaulted her. A criminal investigation was launched in Peru but its status is unknown.
In September 2022, Doe sued the USTA and its president, Karen Cammer, as well as Korelea Slagle, alleging various claims including negligence and gross negligence. Doe and her family, represented by Greg G. Gutzler and Joshua J. Lax of Dicello Levitt LLC and Andrew S. Goldwasser of Ciano & Goldwasser LLP, sought compensatory and punitive damages against the defendants.
Prior to the trial, the defendants, represented by Joseph T. Pareres, Paul J. Bottari, and Joseph Charles Marchese of Silverson Pareres & Lombardi LLP, moved to bifurcate the trial into a liability phase and a damages phase. The defendants requested that the Court grant separate trials on compensatory and punitive damages in order to avoid the prejudice that could result from the jury hearing evidence that would establish damages. The Court denied the defendants’ request.
The Verdict
After a 2.5-week trial and three days of jury deliberations, the jury awarded Doe a $4.2 million verdict, finding the USTA 88% responsible and Slagle 12% responsible. The defendants must pay approximately $3.7 million and $504,000, respectively, to the victim.
“If I stayed silent, the USTA would have never taken accountability for their actions,” Jane Doe said in a statement. “I have reclaimed my voice by sharing the truth but continue to work towards healing. Athletes are not disposable, and their dignity and safety should never be sacrificed.” Doe’s attorney, Andy Goldwasser, added: “After four and half years our client finally received the vindication and rightful outcome she deserved. Maybe now, the USTA will stop prioritizing power over safety.” In another statement, Goldwasser emphasized the significance of this verdict and its impact on youth sports moving forward: "This verdict sends a powerful message that the well-being of participants in any sporting activity cannot be dismissed by those in power simply to evade responsibility…We are proud of our client for her bravery in seeking justice and for her commitment to holding those in power accountable."
The USTA released its own statement after the verdict: “While USTA is disappointed with the verdict and is evaluating next steps, we respect the process and acknowledge the outcome. It is a serious reminder of our imperative to protect and support every athlete in our organization… the USTA remains fully committed to ensuring a safe and supportive sporting environment for all athletes.”
About the author
Anjelica Cappellino, J.D.
Anjelica Cappellino, Esq., a New York Law School alumna and psychology graduate from St. John’s University, is an accomplished attorney at Meringolo & Associates, P.C. She specializes in federal criminal defense and civil litigation, with significant experience in high-profile cases across New York’s Southern and Eastern Districts. Her notable work includes involvement in complex cases such as United States v. Joseph Merlino, related to racketeering, and U.S. v. Jimmy Cournoyer, concerning drug trafficking and criminal enterprise.
Ms. Cappellino has effectively represented clients in sentencing preparations, often achieving reduced sentences. She has also actively participated in federal civil litigation, showcasing her diverse legal skill set. Her co-authored article in the Albany Law Review on the Federal Sentencing Guidelines underscores her deep understanding of federal sentencing and its legal nuances. Cappellino's expertise in both trial and litigation marks her as a proficient attorney in federal criminal and civil law.
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