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CONFIDENTIAL

Sep. 30, 1995

Personal Injury (Non-Vehicular)
School Incident
Negligent Supervision

Confidential

Settlement –  $50,000

Judge

Richard W. Luesebrink

Court

Orange Superior


Attorneys

Plaintiff

Richard A. Cohn
(Aitken Aitken Cohn)


Defendant

Donna M. Bateman


Experts

Plaintiff

Martin Stauber
(medical)

Facts

On June 14, 1993, Plaintiff was 7 years of age and a student in the first grade at Defendant elementary school. Her teacher was having the children practice a performance for the principal of the school. Plaintiff and 3 other children were placed in a row, in back of other students. They were then instructed to kneel on a desk. At one end, a child either was pushed or fell. This began a chain reaction which ended with Plaintiff's falling on the floor. She injured her elbow.

Settlement Discussions

Plaintiff contends that her demand and Defendant's offer were the same, $50,000.

Specials in Evidence

$10,097 not claimed $5,000

Injuries

Fractured elbow requiring emergent care and closed reduction; nine days later examination indicated the fracture was seriously displaced with severe edema present requiring open reduction, percutaneous pinning, and splint placement; residual possibility of disruption of the elbow growth plate.


#116957

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