Facts

Berendo Middle School is part of defendant Los Angeles Unified School District. A fence separates the school's physical education (P.E.) area from the rest of the campus. The gate connected to the fence remains locked until teachers or other personnel permit access to and from the P.E. area.

On June 26, 2006, although the bell had rung, the gate remained locked and no teachers were present to unlock it. In an attempt to access the bungalow area where students changed their clothes before going home, plaintiff Melissa Velasquez, age 14, and others scaled the fence. Plaintiff slipped, however, and her ring got caught in the fence, severing her finger.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that even though the teachers and other personnel knew that students frequently climbed the fence, they failed to timely unlock the gate or provide supervision in the area.

DEFENDANT'S CONTENTIONS:
The defendant disputed the extent of plaintiff's injuries. Further, at the time of her accident, plaintiff was ditching classes. The plaintiff was also aware that it was a violation of school policy to climb fences.

Injuries

The plaintiff's finger was amputated.

Result

Finding plaintiff to be entirely at fault, the jury rendered a defense verdict.

Other Information

FILING DATE: May 30, 2007.