Facts

Fabian Luciano Sanchez, an 11-year-old minor by and through his guardian ad litem, Maria Sanchez, filed suit against Victor Elementary School District in relation to an incident on February 3, 2017, in which he was struck by a car while crossing Village Drive after his day of school at Puesta Del Sol in Victorville, California.

PLAINTIFF'S CONTENTIONS: Sanchez alleged he suffered from cognitive defects that impacted his learning ability and his ability to safely get to and from school alone. Sanchez alleged that VESD knew of these limitations and established an Individualized Education Program for him, which included the determination that he needed curb-to-curb transportation to ensure he safely traveled to and from school each day. Sanchez contended that VESD knew that allowing him to walk home alone was dangerous and illegal based on the laws applicable to his IEP, and on the date of the incident, VESD personnel escorted him to the edge of the school campus, walked him across a street, and left him to walk home unescorted. As such, Sanchez asserted that VESD's employees breached the duty they owed to Fabian with curb-to-curb transportation, and this breach of duty was a substantial factor in causing Sanchez harm.

DEFENDANT'S CONTENTIONS: VESD contended that the duty it owed Sanchez under the IEP was not imposed by clear statutory law, and Sanchez failed to exhaust administrative remedies. Defendant also contended that Sanchez's mother allegedly waived the curb-to-curb transportation and if Sanchez wanted to use the bus he could have done so but Sanchez chose not to.

Injuries

Sanchez suffered injuries including a severe traumatic brain injury, complex facial fractures, serious internal hemorrhaging, and several broken bones. Sanchez was in an induced coma and hospitalized for months. Further, Sanchez contended his cognitive function, speech, and motor control were severely impaired and he would require around the clock care and medical attention for the rest of his life.

Result

The trial was bifurcated between liability and damages. At trial, the court concluded that VESD was negligent and solely liable for Sanchez's injuries. Before the damages phase of trial, the parties agreed to settle Sanchez's claims for $28.5 million. In addition to the monetary settlement, VESD agreed to develop and implement new policies and procedures to ensure that IEP students receive transportation compatible with the Individuals with Disabilities Education Act and ensure training for IEP District personnel to ensure IEPs are followed in the future.