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Personal Injury
Premises Liability
Negligent School Supervision

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

Lawrence J. Less


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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