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Personal Injury
School Incident
Negligent Hiring, Training and Supervision

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

Laura J. Marabito


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.


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