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Personal Injury (Non-Vehicular)
Reckless Misconduct
School Related Incident

Lisa Haugen v. Melissa Kaiser

Published: Apr. 20, 1996 | Result Date: Dec. 22, 1995 | Filing Date: Jan. 1, 1900 |

Case number: YC004898 –  $22,500

Judge

James E. Satt

Court

L.A. Superior Central West


Attorneys

Plaintiff

David D. Kamanski


Defendant

Richard M. Koep


Facts

On February 14, 1989, the plaintiff, Lisa Haugen, a 16-year-year-old student, was allegedly involved in a physical altercation with the defendant, Melissa Kaiser, during a football game at their high school. The plaintiff and defendant were playing on opposing teams. The plaintiff brought this action against the defendant based on reckless misconduct and negligence theories of liability.

Settlement Discussions

The plaintiff made a settlement demand for $45,000 and the defendant made a settlement offer of $20,000 (on the first day of trial).

Specials in Evidence

$10,000 $______ $______ $5,000

Injuries

The plaintiff alleged that she sustained temporomandibular joint injuries requiring future surgery and therapy as a result of the incident.

Other Information

The verdict was reached approximately four years and ten months after the case was filed. A settlement conference was held in January of 1994, without any success in settling the action. The court dismissed the plaintiff's negligence theory of recovery based on case law regarding assumption of the risk. The case proceeded on a reckless misconduct theory (BAJI 4.70).

Deliberation

2 1/2 days

Poll

9-3

Length

6 days


#116382

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