Facts

Plaintiff Leon Nazari, a 16-year-old student at Taft High School in Woodlands Hills, was in his PE class when he and 10-12 other boys started shooting baskets outside on the blacktop. There was a grey metal folding chair leaning up against the gymnasium wall. One of the students went over and got the chair and unfolded it underneath the basket. He then tried to run and jump on the chair with the intention of dunking the ball. Plaintiff was the second one to attempt this, but when he jumped on the chair the chair gave way causing plaintiff to fall to the ground sustaining injuries.

The minor plaintiff sued the Los Angeles Unified School District.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the substitute teacher who was in charge of supervising the class was negligent in her supervision in that she stood in one place rather than roaming over the entire blacktop area to observe and supervise the students.

DEFENDANT'S CONTENTIONS: Defendant claimed that there is no standard of care in supervision as between standing in one spot where you can observe all the students versus roaming around. Defendant claimed the incident from the time that the chair was set up underneath the basket to the time plaintiff was injured was 30 seconds or less, which did not give the supervisor the opportunity to notice the event and stop it.

Settlement Discussions

Plaintiff made a CCP 998 demand of $300,000. Defendant made a CCP 998 offer of $50,001.

Specials in Evidence

Meds: $5,361 Future Loe: $500,000 Future Meds: $85,000

Injuries

Plaintiff suffered fractured radius and ulna and supercondyle in right major arm.

Result

The jury rendered a verdict in favor of the defense.

Deliberation

1.5 days

Poll

9-3 (no negligence)

Length

nine days