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Doe v. Waltzer

Excessive Damages Award Warrants New Trial on Civil Rape Claims Revived by CVA

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MEMORANDUM AND ORDER Following a jury verdict and $150 million damages award in favor of Plaintiff Jane Doe (“Plaintiff”), Defendant Mark Waltzer (“Defendant”) filed this Rule 59(a) motion for a new trial. For the following reasons, Defendant’s motion is GRANTED. I. BACKGROUND Plaintiff sued Defendant for sexual assault by relying on New York’s Child Victims Act, N.Y. C.P.L.R. §214-g (the “CVA”), which revived civil claims predicated on N.Y. Penal Code violations. In her Third Amended Complaint (“TAC”), Plaintiff posited two theories of liability against Defendant, her high-school social studies teacher: (1) she alleged that Defendant forcibly raped her (the “Forcible Rape Claim”) at his home in the summer 2000, when Plaintiff was fifteen years old; (2) she claimed that after Defendant forcibly raped her, Plaintiff “continued his initial, inappropriate sexual relationship with Plaintiff for more than a year, repeatedly committing the crime of statutory rape in the 3rd degree” (the “Statutory Rape Claim”).1 Compl.

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