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Torts
Premises Liability
Wrongful Death, Negligent Security

Stephanie Don, on behalf of two minor children of Tesha Collins, deceased, and two other minor children of Tesha Collins, deceased v. Los Angeles Unified School District

Published: Nov. 15, 2008 | Result Date: May 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC345851 Settlement –  $75,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Vicki I. Sarmiento
(Law Offices of Vicki I. Sarmiento)

Adam Zolonz
(Law Offices of Adam Zolonz APC)

Kyle K. Madison
(Madison Law Group)


Defendant

Jeffery J. Carlson

Larissa G. Nefulda

Jeanne L. Zimmer
(Carlson & Messer LLP)

Martin Schannong
(Carlson & Messer LLP)


Facts

On Jan. 14, 2005, Tesha Collins, 29, was at the Hooper Early Education Center on East 52nd Street in Los Angeles, working as a teacher's aide. At approximately 7:45 a.m., Joshua Vick, her ex-boyfriend and father to Collins' youngest child, entered the premises and abducted her at gunpoint. Collins was eventually killed the next day in a shootout with police. Vick was arrested and taken into custody. He was later charged with the murders of Collins and of his own parents, committed just prior to Collins' abduction.

Collins' mother, plaintiff Stephanie Don, filed suit on behalf of herself and Collins' four children, against defendant Los Angeles Unified School District (LAUSD) for wrongful death and negligent security.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that LAUSD did not take the proper steps necessary to protect their personnel. As well, Don argued that LAUSD was aware of a restraining order that Collins had in place against Vick.

DEFENDANT'S CONTENTIONS:
LAUSD countered that they had no knowledge of a restraining order and were not negligent in their conduct.

Damages

The plaintiffs sought unspecified damages for wrongful death and negligence.

Injuries

The injuries suffered included death, loss of parental guidance, and loss of consortium.

Result

Two of Collins' children accepted settlements in the amount of $37,500, each which constituted $6,796 in costs and $12,488 in attorney fees. Afterwards, Don and the other two children, represented by different attorneys, had their suit dismissed via summary judgment.


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