Student slips on wet floor at middle school. $1M. Los Angeles County.
School district says plaintiff tripped during gym class.
- Case Name: Minor student v. Burbank Unified School District
- Court and Case Number: Los Angeles Superior Court / 18STCV05623
- Date of Verdict or Judgment: Thursday, June 30, 2022
- Date Action was Filed: Tuesday, November 20, 2018
- Type of Action: Premises Liability, Slip and Fall
- Judge or Arbitrator(s): Hon. Michael B. Harwin
- Plaintiffs: Minor student
- Defendants: Burbank Unified School District
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,000,000
- Net Verdict or Award: $900,000
- Contributory/Comparative Negligence: 10% to minor student
- Economic Damages:
- Non-Economic Damages:
- Trial or Arbitration Time: 6 days
- Jury Deliberation Time: 30 minutes
- Jury Polls: 11-1
- Post Trial Motions & Post-Verdict Settlements: Settlement of $850,000.
- Attorney for the Plaintiff:
BD&J, PC by Martin J. Kanarek, Beverly Hills.
- Attorney for the Defendant:
Carpenter, Rothans & Dumont by Jill Williams and Yaron Dunkel, Los Angeles.
- Plaintiff’s Medical Expert(s):
Arthur Kreitenberg, M.D., orthopedic surgery.
- Defendant's Medical Expert(s):
Thomas Grogan, M.D., orthopedic surgery.
- Plaintiff's Technical Experts:
- Plaintiff's Technical Expert(s):
Brad Avrit, safety engineering.
John Brault, biomechanics.
Marie Stephens, school policy and procedure.
- Defendant's Technical Expert(s):
Facts and Background
- Facts and Background:
On January 9, 2018, plaintiff was a 13-year-old student who attended John Muir Middle School. During gym class on a rainy day, plaintiff slipped and fell on rain water that had accumulated on the gym floor.
- Plaintiff's Contentions:
That defendant allowed students to track in rain water and as such the gym floor was a dangerous condition of public property. That plaintiff slipped on the wet floor and fell.
- Defendant's Contentions:
That plaintiff clipped another student's heel while running, causing plaintiff to trip and fall rather than slip and fall.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Fractured elbow on non-dominant arm requiring two surgeries. Plaintiff lost some supination range of motion in her non-dominant wrist.
Due to the surgeries in the months after the fall, plaintiff was unable to participate in extracurricular activities like violin, a speech writing competition and theater.
- Special Damages Claimed - Past Medical: None claimed.
- Special Damages Claimed - Future Medical: None claimed.
- Special Damages Claimed - Past Lost Earnings: None claimed.
- Special Damages Claimed - Future Lost Earnings: None claimed.
Demands and Offers
- Plaintiff §998 Demand: $750,000 (10 days prior to trial.)
- Defendant §998 Offer: $300,000 (10 days prior to trial.)