Facts

Joshua A. sued the San Leandro Unified School District, San Leandro High School, Linda Granger, Elisa Alvarez relating to an incident that occurred on campus between Joshua and another student.

San Leandro High School was dismissed from the case.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a 14 year-old autistic, special needs student at San Leandro High School, was sexually assaulted in an elevator at school by another special needs student. The other student was 19. The sexual assault was cut short when paraeducators came onto the elevators. Plaintiff claimed the paraeducators did not ask the boys any questions and permitted the perpetrator to return to the same class as Joshua unsupervised, where he was allowed to remain for the rest of the day. Joshua sued the school, the school district, School Principal Linda Granger and School Assistant Principal Elisa Alvarez for negligent supervision.

DEFENDANTS' CONTENTIONS:
Defendants denied liability and asserted that reasonable supervision was provided. Defendants argued that the paraeducators did ask the boys questions, and also that the boys returned to the same classroom only for a short period of time.

Settlement Discussions

Plaintiff made a CCP 998 offer.

Injuries

Plaintiff claimed that the full extent of his injuries was unknown because of his youth and disability but that he would require future psychological treatment.

Result

The remaining parties settled for the 998 amount of $1,450,000.

Other Information

FILING DATE: April 24, 2013.