The last leg of a 2004 case that pitted the WW-P School District against former student Jennifer Besler, who alleged her high school basketball coach had caused her to develop an eating disorder, has made its way to the State Supreme Court.
Although Jennifer’s portion of the case was long-ago resolved, the remaining issue centers around whether former school board president Lester Bynum violated Besler’s father’s right to free speech.
The jury in 2004 found that Philip Besler’s rights were violated when he was gaveled into silence by Bynum during a 1997 school board meeting. The judge in the case let stand a $100,000 jury award plus legal fees. The total compensation was $559,359.
The case has wound its way up to the state Supreme Court, where arguments were held on September 29. Current WW-P school board president Hemant Marathe said he does not believe an opinion would be handed down for at least a couple of months.
“The First Amendment claim is the only part remaining, and we certainly hope that the reward is overturned,” he said. “It’s not the school board that’s calling the shots; it’s the insurance company.”
In the original case, Jennifer Besler alleged that she developed an eating disorder due to mistreatment in 1995 by her basketball coach Daniel Hussong. Following a lengthy trial, in March, 2004, a jury awarded Besler $1.5 million.
A week later, the award was overturned by the trial judge, Judge Paulette Sapp-Peterson, who found that Besler had failed to prove that she had been caused permanent physical harm, as required under state tort law. But she did let stand the jury award to Philip Besler, who now lives in Florida. Following that, Paulette Sapp-Peterson also ruled that Besler was also entitled to compensation for legal fees, interest, and state and federal taxes.
In August, 2008, the Appellate Division of the Superior Court upheld Sapp-Peterson’s rulings.
