Issac Whiting v. San Diego Unified School District
Published: Oct. 12, 1996 | Result Date: Aug. 8, 1996 | Filing Date: Jan. 1, 1900 |Case number: 686552 – $38,699
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward Kruesser
(medical)
Defendant
William M. McDade
(medical)
Facts
On Sept. 9, 1994, plaintiff Issac Whiting, a 13-year-old student with spina bifida, arnold-chiari syndrome and osteopenia (brittle bones), claimed he was injured when a librarian at school in the defendant San Diego Unified School District negligently instructed two 14-year-old girls to assist him down a curb in his wheelchair. The plaintiff claimed his wheelchair was thrown forward and he hit his head on the pavement. He suffered bi-lateral femur fractures, severe headaches and a subsequent, but related, fibula fracture. The defendant district denied negligence and contended it was following instructions as set forth by the plaintiff's mother. Further, the defendant argued it was prevented from sharing medical information concerning his osteopenia with teachers and students, which resulted in the failure of either to know of the potential for injury. The plaintiff brought this action against the defendant based on negligence and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff's prior attorney made a C.C.P. º998 settlement demand for $200,000, which was reduced to $40,000 one month before trial by the plaintiff's trial attorney. The defendant made a C.C.P. º998 offer of compromise for $50,000 one year before trial. There was no offer after expiraton of the C.C.P. º998 offer of compromise.
Specials in Evidence
$10,009
Injuries
The plaintiff alleged he suffered bilateral femur fractures and a fractured fibula.
Other Information
The verdict was reached approximately one year and six months after the case was filed. The defendant was awarded costs. SETTLEMENT CONFERENCE: A settlement conference was held in December 1995 before Judge Gerald Lewis, retired. It did not resolve the matter.
Deliberation
1 day
Poll
12-0 (liability), 10-2 (damages)
Length
3 days
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