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Personal Injury
School Incident
Negligence and Negligent Failure to Train

Theresa Campos, as Guardian ad Litem for Aryanna Campos v. Eastside Union School District, and Does 1 to 25, inclusive

Published: Oct. 15, 2016 | Result Date: Sep. 20, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC537194 Settlement –  $250,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary C. Eisenberg
(Eisenberg Law Group PC)


Defendant

Louis R. Dumont
(Carpenter, Rothans & Dumont)


Facts

Theresa Campos, as Guardian ad Litem for Aryanna Campos, filed a complaint against the Eastside Union School District, involving allegations of negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Minor was a student at the School District's Cole Middle School. She allegedly suffered from cortical dysplasia and a congenital defect of her right hand and foot. As such, she was a special needs student who needed special care and attention. The School District, aware of minor's medical condition, implemented an individualized education program, including an adaptive physical education program for minor. On May 22, 2013, while attending a physical education class, minor was given a bungee cord and instructed to perform pull ups with her arms. However, due to improper instructions and lack of supervisions, the bungee cord flew from minor's foot and struck minor in the eye. Minor sustained permanent injury to her eye, prompting this lawsuit alleging causes of action for negligence and failure to train.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Result

The parties reached a $250,000 settlement.


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