More than a year after the initial verdict, a new wrinkle has been added in the case of a former High School South student who sued her former basketball coach and the school district.##M:[more]##
Superior Court Judge Paulette Sapp-Peterson recently increased the monetary award to the student’s father to $500,”000 for legal fees and taxes on the $100,”000 portion of the jury award she upheld last year.
In the case, Jennifer Besler alleged that she had developed an eating disorder due to mistreatment in 1995 by her high school basketball coach, Daniel Hussong. Following a lengthy trial, in March, 2004, a jury awarded Besler $1.5 million.
A week later, Judge Sapp-Peterson overturned the award, ruling that Besler had failed to prove that she had been caused permanent physical harm, as required under state tort law.
The judge did let stand a $100,”000 jury award to her father, Philip Besler. The jury had found that his right to free speech was abridged when he was gaveled into silence by then-school board President Lester Bynum during a 1997 meeting.
In August Sapp-Peterson ruled that Besler was also entitled to compensation for legal fees, interest, and state and federal taxes, raising the total amount of his compensation to $559,”359.
The school district did not comment specifically on the judges decision, but did respond to a statement by one of the Beslers’ attorneys.
“Here the school district decided the taxpayers had to pay for a five-month trial with very mixed results,” said Daniel Fleming in a media report. “They will have to defend the judge’s decision (regarding Jennifer Besler) on appeal and now an almost $600,”000 judgment has been entered against them.”
Gerri Hutner, school dictrict spokesperson, said that Fleming’s statement was misleading.
“The school district has insurance coverage to protect it against liability in matters such as the lawsuit filed by Mr. Besler, and there will not be any negative tax impact resulting from this litigation,” said Hutner. “Mr. Fleming is aware that the school district has insurance coverage.”
Besler, a West Windsor resident, has said he plans to donate $100,”000 to the Diana Rochford Foundation, a nonprofit organization that gives money for scholarships to West Windsor students in honor of a student who died in a car accident. Jennifer Besler, 26, works at her father’s health-care consulting company.
“As I understand it, the award is to Phil Besler, not to the girl, and it doesn’t have anything to do with my part of the case,” said Hussong, who continues to teach at WW-P, but no longer serves as a coach. “I’m happy to put this chapter behind me and I’ve moved on.”
Sewer Backup At HS South
A backup of the township’s sewer system into the boy’s locker room at High School South caused the cancellation of all sporting events on September 13.
District spokesperson Gerri Hutner said games had to be cancelled because it left the players without a place to change. Cleanup was completed by the end of the day. “Our efforts concentrated on cleaning up the backup in the locker roomto ensure that the room was clean and safe for the students.” According to Hutner, the room was fully disinfected after the cleanup was finished.
Trips Approved
During its meeting on August 23, the WW-P School Board approved 14 field trips for students at both high schools. Trips approved were:
The HS South Pirate Marching Band to Walt Disney World, Orlando, Florida, from April 6 to April 10 at $2,”000 per student, with a portion of the expenses offset by fundraising. The cost of the trip includes expenses for food, transportation, hotel, musical performances, concert performances, recording studio session, and pass to Disney World.
The HS North Model Congress to Washington, D.C. from November 17 to November 20 at $300 per student.
The HS North Model United Nations to Rutgers University, from November 17 to November 20 at $250 per student.
The HS North Model United Nations to Harvard University, from December 8 to December 11 at $250 per student.
The HS North Model United Nations to the University of Pennsylvania from January 26 to January 29 at $250 per student.
The HS North Model United Nations to Johns Hopkins University, from February 23 to February 26 at $300 per student.
The HS North Model Congress to Harvard University from March 2 to March 5 at $250 per student.
The HS North Peer Leaders to Pine Tree Environmental Center, Tabernacle, New Jersey, from March 6 to March 7.
The HS North Washington Seminar to Washington, D.C., from March 15 to March 18 at $400 per student.
The HS North Senior Class Trip to Disney World, from March 16 to March 20 at $850 per student.
The HS North Model Congress to the University of Pennsylvania from March 16 to March 19 at $300 per student.
The HS North Model Congress to Rutgers University from April 20 to April 23 at $300 per student.
The HS North Music Department to Prague, Czech Republic, from April 6 to April 11 at $1,”200, a portion of which will be offset by fundraising.
