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Personal Injury
Negligent Supervision

Brian Feria v. Los Angeles Unified School District

Published: Mar. 15, 2008 | Result Date: Jun. 20, 2007 | Filing Date: Jan. 1, 1900 |

Case number: BC342072 Settlement –  $50,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Fernando A. Vicente

Karl A. Gerber
(Employment Lawyers Group)


Defendant

Gary A. Bacio
(Bacio & Associates)


Facts

On Nov. 17, 2004, plaintiff Brian Feria, an 11-year-old student at defendant Los Angeles Unified School District's El Sereno Middle School, tripped on a piece of rebar protruding from the top of a curb, next to a concrete sidewalk. The rebar cut through plaintiff's skin in his shin. Plaintiff lost nerve sensation in that area.

Plaintiff alleged premises liability and negligent supervision. Defendant contended plaintiff was in an unauthorized area during recess and voluntarily assumed a risk when he engaged in a game of tag in that area.

Settlement Discussions

Plaintiff demanded $120,000. Defendant offered $35,000.

Specials in Evidence

$6,809.

Injuries

Plaintiff sustained a laceration requiring stitches; scar; never damage; and a weakened ankle.

Result

The parties settled for $50,000.

Other Information

FILING DATE: Oct. 27, 2005.


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