Facts

Plaintiff Alex Fernandez was standing outside Fremont Primary School's front gate waiting for school to start. One of his hands was gripping a steel post between posts of the gate and adjoining fence. Other children got up on the gate and swung on it, crimping plaintiff's hand in between the gate and the fence.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the gate was in a dangerous condition because the school district had removed a safety pole that was designed to prevent the gate from swinging. Further, that the school district not only removed the safety pole, but also was aware of the fact that children frequently swung on the gate.

DEFENDANT'S CONTENTIONS:
Defendant argued that the gate was not a dangerous condition because if used reasonably, it did not create an unreasonable risk of harm. Further, that the children were not using the gate reasonably.

Settlement Discussions

Defendant offered $50,000.

Injuries

Plaintiff claimed the incident caused multiple fractures to plaintiff's wrist.

Result

Plaintiff's verdict for $92,196.

Other Information

FILING DATE: Nov. 30, 2012.

Deliberation

one day

Length

four days