In 2011, a young female and recent high school graduate applying for a summer job was sexually assaulted by the owner of a pizza restaurant in Addison, Texas. She was awarded a $21.4 million judgment following a four-day trial heard in Dallas, according to General Counsel News, on legal claims based on the attack. The judgment was awarded against both Ajredin “Danny” Deari and the restaurant.
The evidence in the case established several facts:
- Deari, the owner of co-defendant Pastazios Pizza, served the plaintiff (who remained anonymous due to the nature of the case), 18 years old at the time, beer and whiskey at his restaurant under the pretext of a job interview.
- The plaintiff passed out and awoke in a hotel room, where Deari was sexually assaulting her. Deari then fled the scene.
- A later physical exam determined that Deari infected her with herpes during the assault.
Criminal Law
The fact that Deari pled guilty to at least one criminal charge made this an easier case for the plaintiff because of a legal doctrine called “collateral estoppel,” also called “issue preclusion.” It provides that parties to a lawsuit are bound by any decision of fact or law that was fully and fairly litigated on a previous occasion and necessary to that court’s judgment.
The issue of liability is not litigated again in civil court after the defendant is found guilty in criminal court. In this case, Deari pled guilty to a crime. Because criminal cases carry a higher burden of proof—beyond a reasonable doubt—than civil cases, the plaintiff need not prove it occurred in a later civil lawsuit for money damages.
For a plaintiff to take advantage of collateral estoppel, he or she must establish three things:
- the plaintiff is the victim of the prosecuted crime,
- the defendant was convicted in a criminal proceeding, and
- the civil suit is based on the same essential allegations as the criminal offense.
Bankruptcy Law
Bankruptcy law allows individuals to discharge certain debts under certain circumstances. Not all debts can be avoided through bankruptcy, and some debts are given a higher priority than others when it comes to limited funds and assets being used to pay for debts.
If Deari were ordered to pay restitution as part of his plea agreement, that would not be dischargeable through bankruptcy. A debt due to a judgment in a civil lawsuit may or may not be dischargeable. In this case, Deari’s and the restaurant’s attorneys may try to get the judgment discharged, but the plaintiff’s attorneys can argue that it should not be because it was the result of an injury caused by a willful or malicious act.
As is often the case when there are eye-popping verdicts against defendants, unless Deari has substantial assets, the plaintiff will likely never see anything close to $21.4 million from him or his pizza business. If they’re persistent, her attorneys may be able to extract assets from him and levy on part of his income for years to come. One reason that lawsuits list multiple defendants in cases (including this one) is to increase the chances of obtaining as much of a damages award as possible, especially listing a defendant with “deep pockets” like Hyatt Hotels, which managed the hotel where the assault took place.
Summing It Up
If you’re the victim of a crimem you may have a basis for a civil lawsuit to obtain compensation for damages that you’ve suffered as a result, regardless of whether the perpetrator is your employer.- Report the crime as soon as possible.
- Cooperate fully with the criminal investigation.
- Obtain legal counsel to help you through the investigation and protect your interests and legal rights to pursue a civil action.
- Be aware that these cases may be complex legally, so you need an experienced attorney to help you through the process.