Facts

On Oct. 19, 2006, students at Union Avenue Elementary School were lined up on the third floor of the administration building to return to class after recess. A minor and two friends were at the end of the line as a teacher's aide led the children to the top of the stairs, making a left turn toward the north building. The minor and her two friends left the line and made a right turn at the top of the stairs toward the south building. The stairwell had 13 steps, a landing, and then another 13 steps, with a railing on the outside edge of the top set of stairs, and a wide, tiled banister a few inches above.

The minor slid down the tiled banister to the landing below without incident the first time. The second time the minor tried to slide, she fell approximately 16 feet, off the banister, landing below the second set of steps. After hearing the minor crying, a teacher in the south building came to the scene and found the minor lying on her right side, her head facing the top of the stairs and her feet facing the bottom. A school counselor helped the minor, and was told by her friends that the minor had intentionally slid down the banister.

The minor, through her Guardian ad Litem, Sandra Hernandez, filed suit against the Los Angeles School District (district), alleging inadequate supervision and dangerous condition of public property.

PLAINTIFF'S CONTENTIONS:
The minor alleged that she was not sliding down the banister, and testified that she was on the landing at the top of the stairs when she heard someone call her name below. She further stated that when she turned to look over the stairs, she fell to the ground floor and landed a flight down. The minor contended that she did not slip on any liquid and could not describe how she fell over the railing.

DEFENDANTS' CONTENTIONS:
The district contended that there was appropriate supervision and that the minor was old enough to know the risks of sliding down a banister.

Injuries

The minor suffered a right femur fracture, non-displaced sacral fractures, open reduction and internal fixation.

Result

The jury reached a verdict for the defense.

Other Information

FILING DATE: Jan. 16, 2008.