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Personal Injury
School Incident
Negligence

Milton Davis, III v. San Diego Unified School District

Published: Jan. 25, 1997 | Result Date: Dec. 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 691203 Verdict –  $0

Judge

Janet I. Kintner

Court

San Diego Superior


Attorneys

Plaintiff

Scott D. Raphael


Defendant

Catherine Morrison


Experts

Defendant

Johan Brahme
(medical)

Steve Carson
(medical)

Facts

On Dec. 1, 1994, plaintiff Milton Davis III, a 9-year-old student, alleged he was struck by a teacher's assistant at Birney Elementary school. The teacher's assistant and percipient witnesses were never identified. The plaintiff brough this action against defendant San Diego Unified School District based on negligence and vicarious liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $20,000. The defendant made a C.C.P. º998 settlement offer of compromise a waiver of costs.

Specials in Evidence

$15,000 $3,000

Injuries

The plaintiff alleged he suffered an abscess on the jaw requiring surgical drainage and resulting in a residual scar.

Other Information

The verdict was reached approximately one year and four months after the case was filed. ARBITRATION: An arbitration was held on May 23, 1996 before Patrick Barry of resulting in $20,000 award. The defendant requested a trial de novo. EXPERT TESTIMONY: The defense experts testified that the plaintiff's injury was most likely caused by a trauma, but would not speculate what the trauma was.

Deliberation

3 hours

Poll

9-3

Length

2½ days


#119076

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