Confidential
Settlement – $50,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Richard A. Cohn
(Aitken Aitken Cohn)
Defendant
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.
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