Facts

Plaintiffs Karen Curry and Thomas Curry filed a wrongful death lawsuit against Defendants Aaron Becker, a physical education teacher from San Ramon Valley Unified School District, and his employer San Ramon Valley Unified School District, for failing to properly supervise a swimming class that resulted in the drowning death of their 15-year-old son, Ben Curry.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Becker did not properly supervise his students, was not properly trained in water safety, and his lifeguard certification had expired at the time of the incident. Plaintiffs further contended defendants were negligent because no lifeguards were present during the class to assist Becker. Further, a video surveillance camera revealed that Becker was browsing his cell phone as the students were swimming in the pool. Plaintiffs also contended that San Ramon Valley Unified School District did not have the necessary policies and procedures for the supervision of a swimming class.

DEFENDANTS' CONTENTIONS: Defendants contended that Becker was not browsing his cell phone at the time of the incident but was using the cell phone as a timer. Defendants contended that Becker only used his cell phone as a timer but not for other non-work related purposes.

Injuries

Death of Plaintiffs' 15-year-old son, Ben Curry.

Result

Defendant San Ramon Valley Unified School District agreed to pay Plaintiffs $8 million to settle the case.

Other Information

Becker's motion for summary adjudication of punitive damages was granted by the trial court.