DHHS has now filed a cross-appeal, arguing that Gesse’s claims were filed too late under the statute of limitations.
Kristy Gesse has asked the New Hampshire Supreme Court to review a jury award that gave her $16 million in a lawsuit tied to sexual abuse she said she suffered as a teenager while living at Saddleback Mountain Retreat group home in the early 1990s.
Because Saddleback has closed and the two owners, Peter and Beverly Tsetsilas, have died, more than $12 million of the verdict is now unavailable from the parties the jury assigned most of the blame. Gesse is seeking to shift that unpaid share to the state Department of Health and Human Services so she can collect the full amount.
The case stems from Gesse’s time in the legal custody of DHHS, when she said the state failed to protect her from abuse. In June, a jury agreed that the agency was negligent and that its actions were a substantial factor in the harm she suffered.
Jurors assigned 25% of the damages to DHHS and 75% to Saddleback and its owners. DHHS has now filed a cross-appeal, arguing that Gesse’s claims were filed too late under the statute of limitations.
At trial, the state lost its argument that the lawsuit should be thrown out as untimely.
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