Facts

On July 19, 2004 between 3 and 4 p.m., minor plaintiff Chad Tinsing, was at the Los Angeles Unified School District L.A.'s Best after-school program at Gratts Elementary School in Los Angeles. He accidentally threw a ball that hit another child in the head. That child approached plaintiff and pushed him and plaintiff pushed him back. The plaintiff alleged that two more boys came over and began pushing and kicking plaintiff who then fell to the ground. Jose Ramos, an employee of L.A.'s Best, heard something and turned around to see one boy pushing another boy. Ramos did not see two other boys pushing plaintiff. Ramos broke up the fight and plaintiff did not indicate he was injured.

Plaintiff testified at the deposition that after the fight, he went to his mother and told her what happened but neither reported it to Ramos or the school staff. Dr. Valentino, the principal, testified that plaintiff's mother came to his office on July 19, 2004 and told him that plaintiff had been hospitalized due to the altercation at school. This was the first time Valentino had heard of the incident. Valentino further testified that plaintiff had received "blue slips" for his bad behavior at school on several occasions. Valentino spoke to plaintiff's mother on a regular basis concerning plaintiff's behavior.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that his injuries were due to defendant's negligence in failing to provide adequate supervision on the school premises.

DEFENDANT'S CONTENTIONS:
The defendant contended that an adult supervisor was present at the time of the incident and the incident was only a minor altercation between two kindergarten children. The incident did not result in any injury to plaintiff.

Injuries

The plaintiff went to Kaiser Permanente who performed x-rays on him, which came out normal. They diagnosed plaintiff with toxic synovitis or inflammation of the joints. The plaintiff was hospitalized for three days and prescribed morphine for pain. Defense orthopedic surgeon testified that toxic synovitis is normally not caused by trauma.

Result

Defense verdict.