The Appellate Division of the Superior Court has upheld a ruling by Superior Court Judge Paulette Sapp-Peterson who overturned the $1.5 million award to Jennifer Besler in her case against the West Windsor-Plainsboro school district and her former basketball coach Daniel Hussong.##M:[more]##
In the case, Jennifer Besler alleged that she had developed an eating disorder due to mistreatment in 1995 by 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. Following that, Sapp-Peterson also ruled that Besler was also entitled to compensation for legal fees, interest, and state and federal taxes, raising the total of his compensation to $559,”359.
Now Judges Mary Catherine Cuff, Joseph F. Lisa, and Marie P. Simonelli have upheld Sapp-Peterson’s decision, saying in the decision that they couldn’t find that Besler’s eating disorder and emotional distress were “permanent and substantial.”
“The Appellate Division affirmed everything except for an award of negative tax consequences for Phil Besler,” explained Dan Fleming, Besler’s lawyer. “They affirmed the judge’s decision to throw out the verdict for Jennifer Besler. They also affirmed the jury’s verdict for Phil Besler. He gets about $45,”000 in pre-judgment issue, and $300,”000 in attorneys’ fees. There was also another $100,”000 for the negative tax consequences, since he would have to pay income tax on the award, and that’s something the Appellate Division was not prepared to do, so they reversed on that.”
Fleming said he was very disappointed in the decision, and called it “a very dark day for women in sports and athletics,” especially given the domination in sports by American women at the Olympics, he said. He said no decision has been made yet to file a petition to the state Supreme Court, but “we’ve already advised the Beslers we believe mistakes were made by the Appellate Division,” and have recommended they do file the petition. “It was wholly inappropriate for the judge to take away that verdict the jury worked so hard to deliver. We believe this is a matter that Jennifer Besler will ultimately prevail on.”
