Student slips on wet floor at middle school. $1M. Los Angeles County.

Summary

School district says plaintiff tripped during gym class.

The Case

  • 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

The Result

  • Gross Verdict or Award: $1,000,000
  • Net Verdict or Award: $900,000
  • Contributory/Comparative Negligence: 10% to minor student
  • Economic Damages:

    None requested.

  • Non-Economic Damages:

    Past: $250,000

    Future: $750,000

  • 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.

The Attorneys

  • 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.

The Experts

  • 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):

    None.

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

  • 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.)

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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