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
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
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
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