On Oct. 25, 2003, plaintiffs Margaret Showalter, 35, and Nancy Vasil, 39, each with an approximate mental age of third-graders, were attending a Special Olympics bowling practice when they were each lured out at separate times by James McDonald a 79-year-old volunteer for the Special Olympics. McDonald first brought Showalter out to his car and began fondling her breasts and had her perform oral sex on him before returning to the Colonial Bowling alley in Orlando. Pat Webb, a Special Olympics co-county coordinator, witnessed the daytime assault in the parking lot and watched McDonald and Showalter go back to the bowling alley. Webb then went inside and called police. Meanwhile, McDonald was able to lure Vasil out to his car and fondled her breasts.Showalter and Vasil sued the Special Olympics Florida for the for the sexual assaults committed by McDonald.Plaintiffs’ counsel argued that the Special Olympics were negligent in failing to take reasonable precautions by allowing McDonald to volunteer for the Special Olympics. Similar allegations had been raised against him in the late ’90s but were dropped after McDonald got a number of continuations on the trial, and the accuser became stressed and unable to continue pursuing the case.
Webb and other witnesses acknowledged that they were aware of the past charges against McDonald.
As a result of their assaults neither of the women has returned to the Special Olympics, which is considered the primary social network for the developmentally challenged.
Vasil was permanently traumatized by the incident and has been suffering from reoccurring nightmares. She has additionally been diagnosed by four specialists with post-traumatic stress disorder and has developed a fear of public situations.
Showalter suffered from mild depression prior to incident and it was significantly increased as a result of the assault.
A jury found the Special Olympics liable for the assaults and awarded the plaintiff’s $2.1 million.