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Besler, who has been in the national spotlight since the verdict, was at home last night preparing for another interview.
"I didn’t know it was even possible," Besler said of the judge’s ruling. "I was just shocked. (Hussong) was still found negligent, though ... That is sending a message that it’s OK he can be negligent and any high school student should have to deal with it."
The judge, in her opinion, said she was not suggesting that the plaintiff "did not experience embarrassment, humiliation, intimidation, frustration, betrayal and other painful emotional distress at the hands of the defendants" during or after the basketball season.
Besler, an athlete and 1996 graduate of West Windsor-Plainsboro High School, sued Hussong, former head coach of the girls varsity basketball team at WW-P. Besler contended in court that Hussong verbally abused her during the 1995-96 season and ordered her to lose 10 pounds.
Besler also sued Hussong’s wife and assistant coach, Lori; the WW-P school board; and two former WW-P administrators.
On March 24, a Mercer County jury found Daniel Hussong liable for negligence. Jurors also found the WW-P Board of Education and two former administrators -- Ray Bandlow and Michael Carr -- liable for negligent supervision of Hussong, awarding Besler $1.47 million in compensatory damages.
The jury also awarded $100,000 to Philip Besler, Jennifer’s father, for having been gaveled at a school board meeting. The judge found yesterday that his claim stands, in that he had been denied his First Amendment right to speak.
The judge did not overturn anyfinding of negligence or negligent supervision. But her ruling in favor of Hussong, which overturned the finding of intentional infliction of emotional distress, eliminated any awarding of compensatory damages.
The civil jury had found no cause for action against Lori Hussong.
Attorneys presented oral arguments in open court Monday on the parties’ motions for a directed verdict, a procedure required by law that usually occurs after all evidence has been presented during trial. Because of time constraints, both parties had agreed to postpone the motions until after trial.
A directed verdict occurs when the judge, not a jury, renders a decision.
Sapp-Peterson said in her opinion that Jennifer Besler had not provided evidence to support the claim that she had suffered from a permanent loss of a bodily function -- specifically, amenorrhea, the absence of menses.
In addition, the judge said in her opinion that Besler failed to support her claim that she had sustained "severe emotional distress as a result of the conduct of defendants, Daniel and Lori Hussong, or that the emotional distress was sufficiently severe to have caused genuine and substantial harm to the average high school varsity basketball player similarly situated to plaintiff, Jennifer Besler."
Speaking from her office late yesterday afternoon, Hussong’s attorney, Sharon Moore, sounded elated and hopeful by theruling.
"I knew in my heart of hearts that the law was on our side," Moore said. "Dan is vindicated. We are pleased the judicial system has worked for him."
Linda Wong, an attorney for the Beslers, said she plans to appeal the judge’s decision yesterday.
"We all believe this is an injustice," Wong said from her Philadelphia office. "The Beslers are very upset by this. At the same time I think that Jennifer feels as if the justice system has failed her, but she still credits the jury for believing in her."
Wong added that "no matter what happens, there has been a message sent to the school district and Daniel Hussong that this conduct is improper and the judge’s ruling is based on the fact that she believed Jennifer’s injuries are not permanent. The jury found they were permanent."
Wong said she was surprised by the decision.
"Usually most judges will not disturb a jury’s determination especially after so many months of trial," she said. "We are going to have the decision reversed on appeal and seek to reinstate the verdict."
Besler said she believes she was defeated twice: First, by the school system, then by the judicial system. But she is prepared to continue with the legal process.
"I have been through this for six years, all this up and down," she said. "This is a minor setback ... I’ve been knocked down so many times. This is a time we have to get back up. Life isn’t fair, even if you’re right, but you have to fight the fight."
Daniel Hussong said the decision is basically a victory for coaches.
"Obviously, this was not a small issue in my life," he said. "This became national news. Everyone who has been coached or who is coaching is looking at the situation like, this is really happening. In that regard, it’s really good for athletics. The turnaround in the verdict is tremendous for athletics. People will be brave enough to coach."
Post-trial motions had notbeen scheduled as of yesterday but could take place in May.
