Facts

On July 23, 2004, plaintiff Estefani Encisco-Marquez, 14, volunteered at the Aim High summer school program on the Lick-Wilmerding High School campus when she observed a student opening the doors to lockers that had yellow caution tape across them. As she approached the student to tell them to stop playing with the lockers, an entire bank of lockers fell over and hit her on her back, neck and hand. She lost consciousness and fell to the ground. She remained under the lockers until people were able to lift them off of her.

Claiming injuries, Enciso-Marquez sued Aim High and Lick Wilmerding High School for negligent maintenance of the premises. However, Aim High was eventually dismissed from the action after plaintiff's counsel learned Lick Wilmerding High School was in charge of maintenance of the premises.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the lockers were not properly fastened to the wall and created a danger to students.

DEFENDANT'S CONTENTIONS:
Lick-Wilmerding High School claimed the student who was opening the lockers was the one liable for her injuries because he had disregarded the caution tape that was strewn over the lockers. The school further argued Aim High was liable for negligent supervision because the students should never have been allowed near the lockers in the first place. The defendant also argued that plaintiff's injuries were exaggerated and that they were not caused by the school's negligence.

Settlement Discussions

The plaintiff demanded $29,999. The defendant offered $4,999.

Damages

The plaintiff sought $75,000 for past and future medical specials and past and future pain and suffering.

Injuries

Enciso-Marquez went to the hospital and was found to have suffered soft-tissue injuries to her neck, back and left shoulder. Five days later, Enciso-Marquez went back to the hospital complaining she was experiencing increased pain in her head and neck. She was accordingly giving a prescription for Motrin and physical therapy and discharged. The plaintiff claimed she suffered from headaches and neck pain for a year after the incident and that she had six months of physical therapy in an effort to remedy her injuries, but that the physical therapy seemed to be making the pain worse. The plaintiff claimed that at the time of trial, she was still suffering from intermittent shoulder and neck pain along with headaches, preventing her from getting adequate sleep at night. The plaintiff presented the testimony of orthopedics expert, Richard Nolan, who testified that, in his opinion, the because the pain had not significantly decreased since the incident, that Enciso-Marquez was likely to suffer from lingering effects of the injury for the rest of her life.

Result

The jury found the school liable for Enciso-Marquez's injuries and awarded her $8,500 in damages.

Deliberation

three hours

Length

two days