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Personal Injury (Non-Vehicular)
School Incident
Negligence

Gracita Blackmon v. Pomona Unified School District, et al.

Published: Oct. 14, 1995 | Result Date: Oct. 3, 1995 | Filing Date: Jan. 1, 1900 |

Case number: KC013189 –  $1,000,000

Judge

Macklin L. Fleming

Court

L.A. Superior Central West


Attorneys

Plaintiff

Robert S. Shtofman
(Law Offices of Robert S. Shtofman )

Anthony N. Ranieri


Defendant

Sally G. Kushner

Nancy Ann Mahan-Lamb
(Gibeaut, Mahan & Briscoe)


Experts

Plaintiff

Gavin Becker
(technical)

Barbara Sziraki
(medical)

Defendant

John I. Taneyhill
(technical)

Facts

Plaintiff, an 11-year-old girl, was instructed by Defendant school district to stay after hours for detention. When detention was completed, Plaintiff's teacher told her to exit through the back door. After Plaintiff left through the back door, she was attacked by unknown assailants. The unknown assailants assaulted and battered Plaintiff. Defendant Walks was the principal and Defendant Millman was the teacher who assigned detention. Nonsuit was granted in favor of Defendant Walks.

Settlement Discussions

Plaintiff contends her initial demand was $500,000 and reduced to $300,000 at the time of trial; and Defendant initially made no offer and increased to $50,000 at the time of trial. Defendants contend that Plaintiff made a statutory demand to compromise against all Defendants for $800,000 and against Defendant Walks for $350,000 and Defendant Millman for $450,000; Defendants offered $50,000.

Damages

$25,000 for economic damages; and $975,000 for non-economic damages.

Injuries

Chronic post traumatic stress disorder requiring extensive psychological counseling.

Deliberation

1.5 days

Poll

12-0

Length

16 days


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