Zachary Chan v. San Francisco Unified School District
Published: Jul. 28, 2007 | Result Date: Jan. 26, 2007 | Filing Date: Jan. 1, 1900 |Case number: CGC 05 447154 Settlement – $275,000
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
John A. Shupe
(Lynch & Shupe LLP)
Experts
Plaintiff
Craig Cunningham
(technical)
Dale H. Fietz
(technical)
Defendant
Tina Guterman
(medical)
Cherie Ho
(technical)
Paul G. Fisher
(medical)
Gary T. Moran
(technical)
Facts
In March 2005, during school recess, plaintiff Zachary Chan and another child were running when they collided with each other. As a result, plaintiff fell to the ground and claimed injuries. He filed suit against defendant San Francisco Unified School District, alleging negligent supervision.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the plaintiff was not properly supervised and the negligence resulted in his injuries. At the time of the accident, there was only one supervisor monitoring 60 students on the playground. Running was prohibited on the playground, and the supervisor did not see plaintiff run into the other child.
DEFENDANT'S CONTENTIONS:
The defendant denied the claims.
Specials in Evidence
Plaintiff sought $77,196.
Damages
The plaintiff claimed an unspecified sum for past and future pain and suffering.
Injuries
The plaintiff required surgery to treat an epidural hematoma. The injury resulted in permanent scarring, migraines, depression and PTSD.
Result
The parties settled for $275,000.
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