Facts

The incident occurred on March 9, 2004, at Horace Mann Middle School. Plaintiff Shaqune Slack was a 7th grade student, approximately 5 foot 3 inches and 110 pounds. Defendant Jay Reidy was a substitute teacher employed by Los Angeles Unified School District, 57 years old, 5 foot 7 inches, in excess of 200 pounds, and formerly in the Marines. This was Reidy's third day of sub teaching at Horace Mann.

During class time, students in class were acting up, making noise. Reidy noticed water on the floor, and that plaintiff was out of his seat holding a water bottle. Reidy walked over to plaintiff, and asked what plaintiff was doing. The plaintiff responded, "I'm standing here talking." Reidy then took the water bottle from the plaintiff's hand. Reidy contended that the plaintiff pushed Reidy at that point in time. The plaintiff denied doing so.

The plaintiff walked over to the door of the classroom. A metal trashcan, which had been near the door, was thrown at Reidy. Although he tried to block it with his hands, it partially struck him in the chin, causing a cut. Reidy testified that the plaintiff threw the trashcan. The plaintiff denied doing so, and testified that a student standing behind him had thrown the trashcan. Reidy then charged at Slack. According to the plaintiff, Reidy punched him in the face, grabbed his shirt and pulled him to the ground.

According to the plaintiff, while on the ground, Reidy throw 10 to 15 punches at him and kicked him in the ribs three to four times. A student ran for help, and while adults were coming to help, Reidy grabbed the plaintiff, picked him up, and, according to the plaintiff, slammed him against the chalkboard. Reidy denied kicking or punching the plaintiff. Reidy acknowledged grabbing the plaintiff and throwing him to the ground.

At trial, four students from the class testified. Two students testified that the plaintiff threw the trashcan. All students testified that Reidy punched and kicked the plaintiff on multiple occasions.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that LAUSD negligently failed to train Reidy concerning proper disciplinary measures. The plaintiff also contended that Reidy's actions were negligent, constituted corporal punishment, were not self-defense and were excessive even if he initially acted in self-defense. The plaintiff further contended that the emotional trauma of the incident had completely changed his personality.

DEFENDANTS' CONTENTIONS:
Defendant Reidy contended that his actions were in self-defense, and that the plaintiff had initiated the entire incident. In closing argument, Reidy contended that kicking the plaintiff while on the ground would not be reasonable.

Defendant LAUSD contended that the evidence did not establish that Reidy was negligently trained.

All defendants contended that the plaintiff was comparatively negligent; and that the plaintiff was not seriously injured.

Settlement Discussions

At mediation in 2004, the plaintiff demanded $200,000; LAUSD offered $25,000 on behalf of all defendants. In June 2005, the defendants made a C.C.P. Section 998 offer of $25,000. The plaintiff did not accept the C.C.P. Section 998. The plaintiff then demanded $75,000. Several days before trial, the plaintiff demanded $35,000, which was not accepted. The plaintiff then demanded $25,000, the amount of the prior C.C.P. Section 998. The defendants jointly offered $16,000 at that time, which the plaintiff did not accept.

Injuries

The plaintiff claimed soreness over entire body especially lower back; bruised ribs; exacerbation of pre-existing asthma resulting in an asthma attack after the incident; emotional distress; embarrassment, humiliation; change of personality by becoming extremely withdrawn and uncommunicative. The plaintiff went to see his regular physician several days after the incident for a check-up and to monitor his asthma in light of the asthma attack suffered after the incident.

Result

Net verdict: $3,486 (verdict for $8,300, less 58 percent comparative negligence of plaintiff).

Other Information

Just prior to trial, the plaintiff dismissed his intentional tort claims, and the case proceeded to trial on a negligence theory only. LAUSD stipulated that Reidy's actions were within the course and scope of his employment. In closing argument, counsel for plaintiff asked the jury to award $2.75 million.

Deliberation

1.5 hours

Length

four days