Confidential

Facts

Plaintiff, an autistic child, attended defendant's school for special needs children. On Sept. 23, 2004, while attending classes, plaintiff began exhibiting irritable behavior related to his autism. Plaintiff was placed unattended behind closed doors, which led to the plaintiff suffering an injury to his face.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendants were negligent in not having a teacher present in the classroom at the time of the incident. Further, the instructional assistant who placed the plaintiff behind the closed door breached defendants' policies and procedures and further failed to follow the plaintiff's behavioral support plan regarding responding to plaintiff's irritable behaviors. Plaintiff maintained that the injury suffered to the plaintiffs face and head led to recurrent seizure activity and life long epilepsy.

DEFENDANTS' CONTENTIONS:
Defendants disputed that its staff acted negligently. Defense argued that plaintiff's aggressive behavior required its staff to act emergently in placing him away from other students in a room where he would not harm students or staff. Defendant argued that the post incident seizure activity related to plaintiff's underlying autism diagnosis and that plaintiff's medical history as well as out of court statements indicated a pre-existing history of seizure activity that have yet to have been diagnosed as same.

Settlement Discussions

Plaintiff demanded $2 million. Defendant offered $2,500.

Injuries

Recurrent seizure activity/epilepsy including need for future treatment/medications as well as injury to face.

Result

Defense verdict.

Other Information

The matter has resolved via a confidential settlement post trial. FILING DATE: Dec. 13, 2005.

Deliberation

one hour

Length

six days