Facts

Allegedly at the direction of defendant Carlos Sainz, a teacher employed by defendant Sweetwater Union High School, Michael Rodriguez jumped on the back of plaintiff Miguel Betancourt. Both were students at Sweetwater. Sainz told Betancourt to move away from him because he was trying to pass him to perform rounds during lunch. Betancourt suffered a broken right femur when Rodriguez jumped on his back. He had surgery to stabilize his femur and got a body cast that went from his ankle to his stomach. The hardware left a scar right on his thigh. One week after surgery to remove the hardware, Betancourt walked without crutches in violation of doctor's orders and sustained another fracture to his right leg.

PLAINTIFF'S CONTENTIONS:
Betancourt contended that Sweetwater failed to properly supervise its students, and failed to properly train, supervise, and discipline its employees. Betancourt further alleged that Sweetwater was liable for the negligent conduct of its employees under the respondeat superior doctrine.

DEFENDANTS' CONTENTIONS:
The defendants contended that Betancourt had a history of messing around at school. Sainz contended that after he resolved a dispute among other students, he asked Rodriguez to move out of his way. Rodriguez then on his own, jumped on Betancourt's back.

Damages

Defendant disputed damages relating to second fracture.

Injuries

Femur fracture and subsequent tib/fib fracture according to plaintiff with medical expenses exceeding $22,000.

Result

Defense verdict.

Other Information

Insurer: Medi-Cal for plaintiff. Lien: $6,500. FILING DATE: Nov. 21, 2006.