THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, November 4, 1995 TAG: 9511040275
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 55 lines
Six victims of convicted child molester Charles R. Vette are eligible for up to $1 million each if they can prove an apartment complex negligently hired him, the state Supreme Court ruled Friday.
That ruling raises the stakes significantly in the six pending lawsuits against owners of the East Ocean View apartment complex where Vette worked.
Lawsuits in Norfolk Circuit Court accuse the owners of negligently hiring and supervising Vette. He was resident manager of the Harbor View Apartments at 9620 13th Bay St. in 1989 when he molested six boys and one girl in his apartment.
Later, Vette was convicted of 12 counts of child molestation and sentenced to five life terms in prison. The apartments have since been torn down as part of Norfolk's redevelopment of East Ocean View.
Vette was on parole at the time he was hired by the apartment complex. He served four years in prison for molesting a 5-year-old Virginia Beach girl.
Lawsuits filed by Norfolk lawyer Jeffrey A. Breit claim that the apartment complex should have known about Vette's criminal history before he was hired and that he was ``unfit for the employment situation.''
One lawsuit filed by a Vette victim against the apartment complex was settled last month for $425,000. Six more are pending.
Insurance coverage has become an important issue. The apartment owners hold a million-dollar liability policy, but the insurance company said the policy covered only a total of $1 million, not $1 million for each claim.
In an earlier ruling, Norfolk Circuit Judge John E. Clarkson agreed with the insurance company. He ruled that all seven victims would have to split the $1 million in insurance if their lawsuits succeed.
That means the victims in the six remaining lawsuits would have had a maximum of $575,000 in insurance money available - the original $1 million minus the $425,000 settlement. That would have left $95,833 for each victim, if successful.
On Friday, however, the Supreme Court overturned Clarkson, ruling that the insurance policy is ambiguous and therefore must be interpreted in favor of the policyholder. That means each plaintiff in the remaining six lawsuits may collect up to $1 million if he wins.
If all six pending cases are settled for the same $425,000 as the first case, the insurance company would be liable for $2.55 million.
So far, no trial date has been set. ILLUSTRATION: Photo
Charles R. Vette was convicted of 12 counts of child molestation and
sentenced to five life terms in prison.
by CNB