Junabeth Sario as Guardian Ad Litem for Jane Doe v. Gonja Wolf, San Diego Unified School District
Published: Apr. 8, 2017 | Result Date: Jan. 25, 2017 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00083872-CU-PO-CTL Verdict – $1,250,000
Court
San Diego Superior
Attorneys
Plaintiff
Paul W. Wong
(Law Offices of Paul W. Wong)
Brian E. Watkins
(Brian E. Watkins & Associates)
Defendant
Fern M. Steiner
(Smith Steiner Vanderpool & Wax APC)
Kathryn A. Martin
(Higgs Fletcher & Mack)
Steven J. Cologne
(Higgs, Fletcher & Mack LLP)
Facts
Plaintiff, 14, was a student at Patrick Henry High School, in San Diego. While she was in a 25-minute advisory class, she told the instructor Gonja Wolf that she urgently needed to use the restroom. Wolf, citing a no-bathroom policy during the advisory class, refused plaintiff's request. Instead, she told plaintiff to urinate in a bucket located in a supply room adjacent to the classroom. Plaintiff sued Wolf and others for intentional infliction of emotional distress and negligence. Trial proceeded against Wolf and the school district only.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants' actions were negligent and constituted negligent infliction of emotional distress.
DEFENDANTS' CONTENTIONS:
Defendants conceded that Wolf should not have told plaintiff to use a bucket, but that the school otherwise behaved correctly by disciplining Wolf and making it clear to teachers that students should not be denied restroom breaks.
Result
The jury returned a verdict for plaintiff, finding the school district and Wolf both liable. It awarded plaintiff $1,250,000 in damages, plus medical costs.
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