Dan Downard v. Hayward Unified School District, Kaylin Laine, and Does 1 through 50, Inclusive
Published: Mar. 28, 2015 | Result Date: Nov. 11, 2014 | Filing Date: Jan. 1, 1900 |Case number: RG13686902 Settlement – $139,000
Court
Alameda Superior
Attorneys
Plaintiff
Edward M. Higginbotham
(Law Office of Edward M. Higginbotham )
Paul L. Alaga
(Bryant Law Group)
Defendant
Facts
Daniel Downard sued Kaylin Laine and her employer, the Hayward Unified School District.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, a 10th grade student, claimed that he was on campus with other students during a summertime class. He alleged that Laine was in charge of monitoring the students and had instructed them to move materials across campus using dollies or handcarts. Laine specifically instructed them not to use their automobiles. Plaintiff alleged he was seated on the trunk of a car belonging to a student who had loaded her car with supplies. Plaintiff contended that the student drove off with him still seated on the trunk. Plaintiff fell off the trunk and suffered injuries. Plaintiff contended that Laine was not present during the incident.
Plaintiff alleged that defendants were negligent in supervising the students.
DEFENDANTS' CONTENTIONS:
Defendants argued that the students were provided with adequate supervision and that plaintiff was negligent and at least partially liable.
Specials in Evidence
Plaintiff claimed that due to his vision impairment, his prospective earnings for the balance of his life have been diminished because he will be denied the opportunity to serve in the military or work in various other occupations.
Injuries
Plaintiff claimed he suffered emotional distress, a fractured wrist, and damage to his right eye that resulted in optic neuropathy and vision impairment.
Result
Plaintiff settled with the school district for $139,000 and dismissed his case against Laine.
Other Information
FILING DATE: July 10, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390