Jose Ramos and Ana Garcia, O.R. a minor, by and through his Parents and Guardian ad Litem, Jose Ramos and Ana Garcia v. San Jose Unified School District and individuals Debra Fields, Neil Aratin, Katy Baiely , Jennifer Willis, Mary Anne Pereira, Sharon Spivak, Mae Lin Bishop, J. Dominic Bejarano, Nancy Albarran, and Jackie Zeller, Defendant(s).; and Does 1-50, inclusive
Published: Apr. 12, 2019 | Result Date: Feb. 22, 2019 | Filing Date: Feb. 27, 2017 |Case number: 5:17-cv-07202-EJD Settlement – $135,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
James B. Sibley
(Tollner Law Offices)
David H. Tollner
(Tollner Law Offices)
Sarah J. Fairchild
(Tollner Law Offices)
Amanda K. O'Neal
(Tollner Law Offices)
Defendant
Jacquelyn K. Wilson
(Samuelson, Wilson & Roe)
Mark E. Davis
(Davis & Young APLC)
Facts
Jose Ramos, Ana Garcia, and O.R., a minor by and through his guardians ad litem Ramos and Garcia, sued the San Jose Unified School District in relation to O.R.'s special education within the San Jose Unified School District.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended O.R. was physically abused in class by a school employee, causing O.R.'s disability to become worse and his behavioral issues to worsen from trauma and fear. Plaintiffs contended they suffered emotional distress, loss of sleep, shame, humiliation, worry, anxiety, stress, loss of work, and medical expenses for treatment of Post-Traumatic Stress Disorder as a result of defendants' actions.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The parties reached a settlement. Defendants agreed to pay $135,000 to settle plaintiffs' claims, with $5,000 to be paid to Jose Ramos and Ana Garcia as O.R.'s parents, $15,000 to be paid into a California ABLE account for O.R.'s benefit, $70,450 to purchase a structured settlement annuity paid annually over five years for O.R.'s benefit, and $44,550 in attorney fees.
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