Daniel Maxwell v. Pleasant Valley School District, et al.
Published: Aug. 13, 1994 | Result Date: Jun. 7, 1994 | Filing Date: Jan. 1, 1900 |Case number: 126491 – $300,000
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Lorenzo Walker
(medical)
Facts
On October 16, 1992, Plaintiff, a 14-year-old student, was standing on the athletic field at the intermediate school operated by Defendant school district. Plaintiff was holding a bottle of apple juice in his right hand while talking to friends, Defendants A, B, and C. Defendants allegedly pushed Plaintiff backward causing him to strike the ground and break the bottle. Plaintiff sustained serious and permanent injuries to his right major hand.
Settlement Discussions
Plaintiff contends they demanded $120,000 after arbitration; and Defendant school district made no offers, Defendant A made no formal offer, Defendant B made an indication of $40,000 - $50,000 (no formal offer), and Defendant C made an indication (no formal offer) of $5,000 - $10,000.
Specials in Evidence
$32,485 Unspecified $3,500 - $4,000
Damages
Plaintiff also claimed pain and suffering damages.
Injuries
Severe 2-inch laceration down the center of right palm; severed major nerves and tendons requiring a first surgery to repair nerves and tendons, a second surgery (tenolysis) to release tendon tightness so fingers would flex, and intensive hand therapy requiring the use of hand manipulative devices -- resulting in permanent loss of sensation and grip strength.
Result
Defendant C was awarded a defense verdict.
Other Information
A prior arbitration by Benjamin J. Engle resulted in a Plaintiff's award of $133,460 ($33,360 economic; $100,000 general); trial de novo by Defendant school district and Defendant A. The arbitrator further divided the liability as follows: Defendant school district was found 30 percent liable; Defendants A and B were each found 30 percent liable; Plaintiff was found 10 percent liable; and Defendant C was found 0 percent liable.
Deliberation
4 hours
Poll
Not disclosed
Length
5 days
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