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CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Abogados defensores desde 1947
RealizacionesThe San Diego Union21 Jun 1985 Woman awarded $402,000 in suit against therapist
A Superior Court jury awarded a 50-year-old Vista woman a $402,000 judgment yesterday in her sexual abuse suit against a Yuma psychiatrist, who is serving an Arizona state prison term for similar offenses against two other women.
The defense for Dr. Frederick A. Martin admitted to the liability in the suit brought by Magdalena Van Der Hoeven, leaving the jury only the question of how much she should be awarded. After a two-week trial before Superior Court Judge Thomas G. Duffy, the jury deliberated less than two hours in reaching its decision to award Van Der Hoeven the $402,000 judgment. According to testimony elicited by attorneys David S. Casey Jr., representing Van Der Hoeven and Jack Crumley, representing Martin, Van Der Hoeven went to Martin for therapy after the deaths of her brother, mother-in-law and mother within a two-year span. While under treatment with Martin, her husband died. Van Der Hoeven alleged that through the phenomenon of transference whereby the patient is directed to transfer her affections to the doctor, Martin was able to seduce her and maintain control over her. She remained under treatment with Martin from 1975 to 1983 in Yuma, and then moved to California. The effect of Martin’s control over her was so strong, according to the plaintiff’s suit, he was able to maintain control over her via telephone, causing her to suffer debilitating emotional and physical injuries. Van Der Hoeven alleged that Martin never referred her to another therapist when she moved to California in 1980 but conducted consultations over the telephone and sent prescriptions by mail for which he charged her fees. The suit said Martin had her return frequently to Yuma for consultations and continued to sexually abuse her. |
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