Allison Carr v. Advanced Education Services dba Live Oak School
Published: Jan. 21, 2004 | Result Date: May 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCVSS079488 Verdict – $3,600,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Randolph H. Noble
(medical)
Facts
Allison Carr, a 35-year-old secretary, was the mother of 14-year-old Dylan Carr. Dylan was referred to Advanced Education Services dba Live Oak School pursuant to a law that pays for special needs students to be educated in private institutions. He had a long history of psychiatric problems. One day, when Dylan arrived at school, he informed his teacher he had not taken his medication. Dylan then left school grounds. He was missing for three days, during which he was raped by an adult male. Dylan eventually killed himself while visiting his grandparents.
Settlement Discussions
The plaintiff demanded $200,000; the defendant offered nothing.
Injuries
Death of child; emotional distress of Allison Carr.
Result
$6,000,000
Other Information
The $5 million wrongful death damages were reduced by 8 percent negligence of plaintiff, 2 percent negligence of decedent, and 30 percent negligence of others. The $1 million emotional distress damages were reduced by 2 percent negligence of decedent and 38 percent negligence of others. The jury was unanimous in finding that defendant breached its duty. The defendant filed a motion for new trial and motion for judgment notwithstanding the verdict. The court granted the motion for new trial. The case is on appeal.
Deliberation
2.5 days
Length
three weeks
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