Carter v. Narconon Southern California, Gerry Marshall, Does 1-100

You are here: Home » Lawsuits » Carter v. Narconon Southern California, Gerry Marshall, Does 1-100

Kevin Carter
v.
Narconon Southern, business entity, form unknown, Gerry Marshall and Does 1 to 100

Filed under: California, Narconon San Diego, Narconon Warner Springs, Sunshine Summit Lodge, United States, Warner Springs, CA

Court: Superior Court of California, County of San Diego, North County
Case Number: GIN031054
Date: July 3, 2003
Plaintiff's Attorney(s): Richard N. Bashara (CA Bar Association #97405)
Defendant's Attorney(s): Daniel C. Carlton
Disposition: Settled

Summary:

This case involves an employee of Narconon who was injured as a result of dangerous working conditions and premises while participating in Narconon’s “Ethics Cycle” (punishment). Narconon had failed to provide Workers Compensation Insurance. Plaintiff also alleges he was assaulted and battered by another of Narconon’s employees.

Additional Info:

We do not have a PDF of the actual filing in this case. The text below was taken from an online discussion forum. The case is shown at CARTER vs NARCONON SOUTHERN Case Detail.
The file location of this case is here:
North County Regional Center
Business Office/Records
325 South Melrose
Vista, CA 92081
(760) 201-8600

Kevin Carter alleges that Narconon Southern and Does 1 to 20 was the
legal (proximate) cause of damages to Plaintiff. By the following acts
or omissions to act, Defendant negligently caused the damage to Plaintiff
on July 8, 2002 or after
at Narconon facility at 17350 South Highway 79, Warner Springs CA

(Description of reasons for liability)
Plaintiff, KEVIN CARTER, at all times relevant, was an employee of
Defendants. NARCONON SOUTHERN and DOES 1 to 20. On or after July 8, 2002,
Plaintiff sustained injuries in the course and scope of her(sic) employment
at 17350 South Highway 79, Warner Springs, because of dangerous working
conditions on the premises and which caused him to injure himself.
Defendants NARCONON SOUTHERN and DOES 1 to 20, failed to provide Workers'
Compensation insurance coverage for Plaintiff and was not permissibly
self-insured pursuant to the California Labor Code. Pursuant to Labor Code,
Section 3700, et seq, including Labor Code section 3706, Plaintiff is
permitted to maintain this civil action against the above mentioned
Defendants, who were negligent in creating, permitting, failing
to correct or warn of the dangerous work conditions causing Plaintiff's
injuries and otherwise failed to maintain a safe workplace, all of which
was a legal cause of Plaintiff's complained of injuries. Pursuant to
the Labor Code, Plaintiff is also entitled to attorneys fees for the
prosecution of this action.

Plaintiff KEVIN CARTER sustained serious personal injuries at 17350
Highway 79, Warner Springs, as a result of dangerous conditions which
caused Plaintiff to sustain significant back injuries, improper and
dangerous methods of "drug abuse treatment" conducted at an unlicensed
facility causing injury and other negligent acts on Plaintiff, who at
the time was participating in one of defendant's "Ethics Cycles," where
he was required to engage in heavy labor for long hours, without adequate
assistance and tools, was denied assistance when requested and denied
adequate medical attention.

--------------------------------------------------------------------
Plaintiff KEVIN CARTER, at all tiems relevant, was an employee
of defendants, NARCONON SOUTHERN and DOES 1 to 40, in the course and
scope of her (sic) employment. Defendant GERRY MARSHALL, was a managing
agent of Plaintiff's employer. On Memorial Day, May 27, 2002, Defendant
GERRY MARSHALL, in the course and scope of his employment, and as a
managing agent of Defendants NARCONON SOUTHERN and DOES 11 to 20,
assaulted and battered Plaintiff, including pushing and throwing
Plaintiff and other acts which placed Plaintiff in great fear of bodily
harm and in fact, caused personal injury to Plaintiff.

In addition, Defendant, NARCONON SOUTHERN and DOES 11 to 20, ratified
the acts of Defendant GERRY MARSHALL, and other managing agents of said
Defendants intentionally inflicted emotional distress by making him work
extremely long hours, coercing and threatening Plaintiff, yelling,
harassing and subjecting Plaintiff to humiliating and degrading mental,
emotional and physical abuse.

Plaintif alleges defendant was guilty of malice, oppression as defined
in Civil Code section 3294, and plaintiff should recover, in addition
to actual damages, damages to make an example of and to punish defendant.

The facts supporting Plaintiff's claim are as follows:

Plaintiff incorporates herein the allegations contained on Page 7.
Defendants, GERRY MARSHALL, a managing agent of defendant NARCONON
SOUTHERN, and DOES 11 to 20, and further alleges that the malicious and
oppressive acts of defendants, and each of them, in pushing and throwing
Plaintiff and other acts of mental, emotional and physical intimidation
and harassment with the intent to vex, injur and annoy Plaintiff constituted
oppression and malice as herein above set forth in detail.

-------------------------------------------------------

Provide a brief statement of the case, including any damages...

PLAINTIFF WAS INJURED AS A RESULT OF AN ALTERCATION AS WELL AS A WORK
INJURY TO HIS NECK AND BACK. PLAINTIFF FILED FOR WORKERS COMPENSATION,
HOWEVER, DEFENDANT DID NOT CARRY WORKERS COMPENSATION SO HE WAS UNABLE
TO RECOVER FROM HIS FILING. ADDITIONALLY PLAINTIFF WAS SEVERLY(sic)
BEAT BY THE MANAGER AT THE FACILITY. (Narconon Warner Springs, San Diego)

(Notes and update on this case)

Witnesses to the beating(s) were Staff Ethics Officer Pat lucarelliz,
Kathy Dion, Frank Riedel (spelling?), Quaid Gore, Daniel Klesh, Brian Hartman
and Gerry Marshal himself.

Plaintiff Carter stated in Interragatory, answer #62, that (as a result of the physical abuse he suffered
at Narconon Warner Springs from incidents of 5/27/02 and 7/8/2002), that he had:
"pain in left arm, shoulder, back spasms, cramping, depression,
general discomfort, numbness in legs, can't sit for any length of time. Some days can't tie shoes.
Mental agression, dependancy through my entire body.
He also claimed a "lumbar epidurmal, need surgery on back."

Plaintiff's attorney was Richard N. Bashara (CA Bar Association #97405)
Narconon's attorney was Daniel C. Carlton.

Narconon had the case dismissed on Nov 15, 2004

Local Link(s) to Lawsuit Documents:

Alternate Link(s) to Lawsuit Documents:

http://z6.invisionfree.com/narcononvictims/index.php?showtopic=382

More information about these Narconon locations:
California, Narconon San Diego, Narconon Warner Springs, Sunshine Summit Lodge, United States, Warner Springs, CA