Facts

Chad Timsing, 4, attended the L.A.'s Best After School Enrichment Program at Gratts Elementary School. He claimed that he was playing in the school yard when he was beaten by three other boys. His guardian filed suit against the school district.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that there was no adult supervision provided in the yard when the incident occurred.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the yard had been supervised, and contended that Timsing had not been injured in the scuffle. A yard supervisor testified that he had been a few feet away from the boys when the fight broke out. He testified that the boys had pushed each other, but that there were no kicks or punches exchanged. The supervisor claimed that he had immediately broken-up the fight. He asserted that Timsing had no visible injuries, had not complained of any injury, and had not cried. A defense expert also testified that plaintiff's alleged injury rarely results from trauma, and is common in boys between the ages of 4 and 8.

Settlement Discussions

The plaintiff demanded $175,000. The defendant offered $10,001.

Specials in Evidence

Plaintiff sought $25,000 in medical expenses.

Damages

The plaintiff requested $250,000 in non-economic damages.

Injuries

Timsing complained of pain in his left hip two days after the incident, and was diagnosed with toxic synovitis, which is an accumulation of fluid in the hip joint. He was hospitalized for three days, but made a full recovery.

Result

The jury returned a defense verdict.

Other Information

The plaintiff filed a notice of intent to file for a new trial.

Deliberation

1.5 hours

Poll

9-3

Length

six days